Showing : 51-60 of 390 Results

GUJARAT HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Dismissal for default - Acquittal - Validity - Explanation offered by appellant that his advocate could not remain present as he inadvertently forget to post next date of hearing in his diary, leading to further defaults on four occasions, appears to be credible -..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Will -- Proof - Legal requirement for proving a Will, analysed, viz. (i) The will like any other document is to be proved in terms of the provisions of the Succession Act; (ii) The onus of proving the will is on the propounder; (iii) The testamentary capacity of the testator must also be established; (iv)..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Quashing of criminal proceedings - Complainant has manipulated and misused process of Court so as to deprive appellants from their basic right to move free anywhere inside or outside country - Moreover, it would be unfair if appellants are to be tried in such criminal proceedings arising out of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Application u/s 311 Cr.P.C. - Not to be allowed to fill up a lacuna in the case of the prosecution, or of the defence, or to the disadvantage of the accused, or to cause serious prejudice to the defence of the accused, or to give an unfair advantage to the opposite party - Additional evidence must..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Consumer Protection Act, 1986, Section 14(1)(f)-- Medical negligence - Physical and mental injury due to misleading advertisement, unfair trade practice and negligence of respondent - Compensation amount enhanced to Rs.15 lakhs payable to appellant within three months...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Contract Act, 1872, Section 16-- Undue influence - Pleading - It is enough to point out that defendant was in a position to dominate the will of vendor and he obtained an unfair advantage by using that position...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Contract Act, 1872, Section 16-- Undue influence - Three ingredients of the provision are : (i) that the relation subsisting between the parties should be such that one of the parties is in a position to dominate the will of the other; (ii) that the dominant party obtains an unfair advantage over the other, and (iii) that the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Held, if under terms of contract, plaintiff gets an unfair advantage over defendant, Court may not exercise its discretion in favour of plaintiff - Specific relief may not be granted if defendant would be put to undue hardship which he did not foresee at the time of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3-- Murder - Related witness - In the instant case, 15 accused persons assaulted deceased - Occurrence witnessed by son of deceased who was a young boy - It will be unfair to expect a young boy, whose father is being beaten to death, to watch with precision as to which of the accused was causing which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Panchayati Raj Act, 1994, Section 19, 20-- Sarpanch - Formation of development committee - Validity - Respondents No.6 and 7 allegedly connived with respondents No.3, 4 and 8 to 10 and have formed development committee vide impugned resolution making petitioner as dummy and powerless being elected Sarpanch - Held, elected Sarpanch cannot..........

Showing : 51-60 of 390 Results