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RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 15, 13 -- Marriage dissolved by decree of divorce - Husband entered into second marriage whereas wife filed an appeal within the period prescribed for filing appeal - Held, a party cannot defeat a substantive right of other party which may accrue to latter in case of reversal of divorce decree in appeal by contending that summons were not..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Sexual Harassment of Women (Prohibition, Prevention and Redressal) Act, 2015, Section 15 - - Sexual harassment at work place - Evaluation of charge of sexual harassment would depend on the manner in which it is perceived - Each case will have to be decided on its own merits - Whether perception of harassed individual was conveyed to accused would be very material in a case..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Non-executive Director is no doubt a custodian of the governance of company but is not involved in day-to-day affairs of running of its business and only monitors the executive activity - Simply because a person is director of company, does not make him..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Compensation -- Once awarded it absolutely belong to such victims/claimants - If claimant dies, then Succession Act applies to succeed to such estate by legal heirs of victims/claimants or legal representatives as per the testamentary document if they choose to execute the Will indicating their desire as to whom such estate shall go after their death...........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Will -- A person who accepts benefit under a Will must accept it in its entirety - He cannot accept the benefit and repudiate its other provisions as his acceptance of benefit is a renunciation of every right inconsistent with provisions of that instrument. (Transfer of Property Act, 1882, S.35, Succession Act, 1925, Ss.187, 188)..........

MADHYA PRADESH HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Application u/s 45 of Evidence Act for sending disputed cheque for examination by handwriting expert was dismissed - As per accused cheque is not filled in his handwriting and operative part of cheque is filled by using different pens - Moreover, it will..........

KERALA HIGH COURT

Year of decision: 2014
Details

Adverse possession -- Co-owners - Mere no, participation in profits of property by one co-owner and exclusive possession by other will not be sufficient to constitute adverse possession and ouster by latter - To constitute ouster by a co-owner, there must be an open and unequivocal denial of title of other co-owner to knowledge of latter...........

KERALA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Jurisdiction - Dictum of Supreme Court that proceedings will have to continue where it is in case recoding of evidence has commenced as meant u/s 145(2) of the Act - Filing of affidavit of examination-in-chief - Case posted for cross examination of complainant - Held, once affidavit in lieu of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant proceeded ex parte - Setting aside ex parte order - (i) No limitation is prescribed for setting aside ex parte order; (ii) In view of facts and circumstances of case, there is no requirement of issuing notice to the respondents as it will unnecessarily entail unnecessary expenses and delay the matter; (iii) However,..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Service -- Departmental proceedings - Court interference with findings of fact - Courts will not interfere with findings of fact recorded in departmental enquiries, except where such findings are based on no evidence or where they are clearly perverse - Court will, however, interfere with the findings in disciplinary matters, if principles of natural justice or statutory..........

Showing : 2091-2100 of 7656 Results