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Showing : 41-50 of 1013 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred on Magistrate by Supreme Court in exercise of jurisdiction..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Stay of proceedings -- Vacation of stay on expiry of six months unless extension is granted - Not applicable to interim orders granted by Supreme Court...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Constitution of India,1950, Article 32, 136, 142 -- Transfer of divorce petition from State of J&K to any other State - Supreme Court is not powerless to transfer petition from State of J&K to any other State and vice versa - Such power can be exercised u/arts 32 and/or 136 and 142 of Constitution - Divorce petition transferred from State of J&K to Court of District Judge..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Supreme Court vide its order prohibits any building activity leave alone building construction at the suit premises in question - However, no specific direction was passed as to status of structure that was in existence on the date of judgment and whether that structure be..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Defendants filed number of applications to place on record certain documents which were not on record of trial Court - No explanation given as to why documents were not filed in trial Court - Even no application filed U.O.41.R.27 CPC for leading additional evidence before first..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Compensation - Enhancement of - Valuation report prepared by witness on behalf of claimants - High Court mechanically accepted the subject valuation report merely because valuation report of same witness came to be accepted by Supreme court in other reference proceedings - No proper analysis of oral..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Consumer Protection Act, 1986, Section 23 -- Flat - Delay in handing over possession - Interest - Complainant is entitled to interest from appellant for not handing over possession as projected as is offered by it - However, special punitive damages cannot be awarded to complainant as one of causes for late delivery of possession as it was beyond control of appellant -..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Plea of undue hardship - Plea not raised in written statement - Such plea thus, cannot be permitted to be raised now before Supreme Court in appeal...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed that accused is at liberty to..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Divorce petition allowed to be converted into divorce petition by mutual consent and divorce granted on execution of consent terms in between the parties - One of the consent terms was non claim of maintenance for the minor child by wife - Held, wife can give up..........

Showing : 41-50 of 1013 Results