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Showing : 11-20 of 411 Results

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, S.20)..........

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 recovery of earnest money..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........

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..........

DELHI HIGH COURT

Year of decision: 2017
Details

Service -- Flying incentives - Refund - Adjustment in outstanding dues - In the instant case, petitioner superannuated and another Wing Commander repatriated to his parent cadre - Flying incentive paid to petitioner declared unauthorised and said payment adjusted in petitioner`s outstanding dues and paid balance amount to him - However, at this belated stage, it will be..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Government Contracts -- Judicial review - In the instant case, there is nothing on record to show that condition imposed by respondent is arbitrary, unreasonable or unfair in any manner - Moreover, respondent is fixing annual turnover on basis of sanctioned strength of students and not on basis of actual students admitted on day of calling tenders as admissions are still..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Plea of hardship - Suit property is the only property of defendant no.1 who is a widow - Defendants eking out their livelihood from the property - Even otherwise, only a merger sum of Rs.5000 has been paid by plaintiffs as advance and no further payment was made - Pleadings of plaintiff on the other side show that their huge..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal - Delay - Condonation of delay - Delay in filing appeal due to incorrect legal advice - It cannot be considered that applicant deliberately and mala fidely filed the appeal belatedly - Court must be extremely liberal in the matters of condonation of delay and if a person has acted in bona..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Terms of contract, conduct of parties at the time of entering into agreement and circumstances under which contract was entered into gave plaintiff an unfair advantage over defendants - These circumstances make it inequitable to enforce specific performance. (Specific Relief Act, 1963, S.20)...........

Showing : 11-20 of 411 Results