Showing : 1-10 of 390 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of more than 534 days in filing appeal against decree passed in Counter claim - Respondent has not approached Court with clean hands as he suppressed material facts, that too, deliberately and intentionally and thereby tried to gain an unfair advantage from the Court,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Section 12(2)-- Limitation - Computation of limitation - Exclusion of time spent in obtaining certified copy - Courts are obliged to compute the limitation on the basis of endorsement as contained in the certified copy - If there is any suspicion of unfair and/or improper practice, remedy lies in initiating a..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Education-- Examination - Unfair means during examination - Action can be taken on discovery of relevant material with the candidate - It is not as if only on actual use being made of the material detected that action can be taken...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 304(Part I)-- Nature of offence - Accused `V' retaliated with use of a country made firearm in a fit of anger when he saw his aged father/accused `M' hitting at victim with butt side of his gun - Evidence against accused `M' does not establish that he had any intention of causing any fatal injury to deceased as..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 23, 2(r)-- Apartment Buyer's agreement - Contractual terms of agreement ex-facie one sided, unfair and unreasonable - Builder cannot seek to bind purchaser with such one sided contractual terms...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 4-- Pleadings - Fraud and misrepresentation - Vague or general plea can never serve purpose of O.6.R.4 CPC - Party pleading is required to plead precise nature of influence exercised, manner of use of influence and unfair advantage obtained by other...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54-- Contraband - Prosecution to establish a prima facie case beyond reasonable doubt - Obligation of proof beyond reasonable doubt takes within its ambit a fair investigation, in absence of which there can be no fair trial - If investigation itself is unfair, to require the accused to demonstrate..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Unfair advantage - Where a money lender having an unfair advantage over borrower/marginal farmer entered into an agreement to sell qua immovable property with him, he cannot in discretion of Court be entitled to decree of specific performance. (Specific Relief Act, 1963,..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Fresh investigation - Where investigation is ex-facie unfair, tainted, malafide and smacks of foul play, Superior Courts would direct a fresh or de novo investigation, even by another independent investigating agency if ends of justice so demand - This is a power of wide plenitude and should..........

Showing : 1-10 of 390 Results