Showing : 1-10 of 2083 Results

SUPREME COURT OF INDIA
Year of decision: 2103
Details
Evidence Act, 1872, Section 101, 102-- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil suit -- FIR on the basis of same matter which was involved in civil suit - FIR registered on the basis of sole opinion of handwriting expert in the civil suit that receipts are forged - Genuineness of such receipts pending consideration in civil suit - Based on the sole opinion of handwriting expert, FIR..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Registration Act, 1908, Section 17(1)(b), 17(2)(vi)-- Registration - Compromise decree - Compromise decree comprising immovable property other than which is the subject matter of suit or proceeding requires registration, although any decree or order of a Court is exempted from registration by virtue of S.17(2)(vi) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Section 92-- Scope - S.92 of the Code applies when a suit is filed against a Trust and not when suit is filed by a Trust...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 22, Rule 12-- Abatement - Execution proceedings - Normal principle arising in a suit before decree is passed that LRs are to be brought on record within a particular period and if not, suit could abate is not applicable to cases of death of DH or JD in execution proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Production of account books/cash book to prove the amount due - May be relevant in civil suit but not so in a case u/s 138 of N.I. Act as presumption is raised in favour of holder of cheque...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Adverse possession -- Plea of continuous possession - No plea that such possession was hostile to the true owner - Evidence of defendants of continuous possession - Some of the receipts pertain to 1963 but possession since November, 1963 till the filing of suit will not ripe into title as defendants never admitted..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Rent and Eviction -- Sub-letting - Tenant himself admitted before Rent Controller that because of old age he was not in a position to manage affairs of shop and that is why he handed over shop to sub-tenant through GPA - Sub-tenant and tenant were running business as partners as alleged by tenant - However, there is..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........

Showing : 1-10 of 2083 Results