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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 withdrawal of earlier suit filed by father of plaintiffs and..........

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..........

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 illegally and/or mala fide and/or by way of victimization, unfair..........

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 were regularized under some policy but the concerned workman was..........

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...........

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..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Consumer Protection Act, 1986, Section 2(1)(b), 2(1)(c), 2(1)(d), 2(1)(o), Electricity Act, 2003, Section 126, 135, 136, 137, 138, 139, 140 -- Unauthorised use of electricity or theft of electricity - Consumer complaint against final order of assessment u/s 126 and against any action taken u/ss 135 to 140 of Electricity Act is not maintainable before the Consumer Forum -..........

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) Execution of the will by testator has to be proved; (v) At least..........

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..........

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 not be received as a disguise..........

Showing : 51-60 of 411 Results