Showing : 41-50 of 390 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Will -- Suspicious circumstances - Arise due to several reasons such as with regard to genuineness of the signature of the testator, the conditions of the testator's mind, the dispositions made in the will being unnatural, improbable or unfair in the light of relevant circumstances or there might be other..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 17-- Dismissal of appeal for appellant's default - Appellant contended that lower appellate court has exceeded its jurisdiction in dismissing an appeal on merits in absence of his counsel and appellant - Appellant has not suffered on account of default or non appearing of his counsel neither court was..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151-- Judgment or order obtained by fraud - Court can recall its own order - (a) Any judgment or order obtained by fraud cannot be said to be a judgment or order in law and such judgment decree or order is nullity and non est in the eye of law and can be challenged even in collateral proceedings; (b)..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 20(2)(a), 20(2)(b)- - Agreement to sell - Specific performance - Exercise of discretionary power - Held, if under terms of contract, plaintiff gets an unfair advantage over defendant, Court may not exercise its discretion in favour of plaintiff - If it is inequitable to grant specific relief, then also Court would..........
DELHI HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 300- - Culpable homicide not amounting to murder - It is not sufficient to show that there was a sudden quarrel and there was no pre-mediation - It must be shown that offender has not taken undue advantage or acted in a cruel or unusual manner - Expression undue advantage means unfair advantage...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Hindu Law -- Joint family property - Partition - Plaintiff failed to prove that suit property was joint family property - No evidence that release deed in favour of defendants is unfair and prejudicial to the interests of plaintiffs - Suit was barred by principles of constructive res judicata on account of..........
PATNA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 437(2), Indian Penal Code, 1860, Section 498A-- Grant of bail - Offence u/s.498-A IPC - Held, even though S.437(2) Cr.P.C. gives power to Magistrate to provisionally release an accused in certain situations, it does not cover cases instituted u/s.498-A IPC - Therefore, whenever Magistrate attempts to reconcile dispute of such nature he has to..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Service -- Termination - Re-instatement with full back wages - Held, ordinary principle of grant of re-instatement with full back wages when termination is found to be illegal is not applied mechanically in all cases - While that may be a position where services of a regular/permanent workman are terminated..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Service -- Termination - Reinstatement - Daily wage worker - Termination when found illegal on the ground it was resorted to as unfair labour practice or in violation of the principle of last come first go viz. while retrenching such a worker daily wage juniors to him were retained and when persons junior..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(d)-- Disproportionate assets case - Held, registration of FIR without giving prior opportunity to accused to account for his assets cannot be said to be tantamount to an unfair and unjust investigation...........

Showing : 41-50 of 390 Results