Showing : 11-20 of 172 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to unmarried daughters - Father was employed as driver abroad in a private company and allegedly earned Rs.2 lakh p.m - However, he did not enter the witness box and did not produce any evidence regarding his actual salary - Lower Court thus, rightly granted past maintenance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 114-- Non appearance of plaintiff in the witness box - Adverse inference can only be drawn if evidence available on file is not sufficient...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the witness box..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, 127-- Maintenance to wife - Enhancement - Effective date - Wife entered witness box and brought on record circumstances which justified enhancement of maintenance - Circumstances existed as on date of application - Husband did not step into witness box in rebuttal - No infirmity in impugned order of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 114-- Adverse inference - Non appearance of a party as a witness - Mere no, appearance of defendants in Court for orally deposing in witness box is not sufficient to draw adverse inference against them, particularly when entire case of defendants is based upon documents which is filed by defendants...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Insufficient funds - Complainant proved the issuance of cheque which contained signatures of accused and on presentation of cheque it was returned with endorsement "insufficient funds" - Bank official was produced as one of witnesses who proved the dishonour of cheque -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Motor Vehicles Act, 1988, Section 147-- Fatal accident - Liability of insurance company - Owner-cum-driver of offending vehicle produced a fake driving licence - Another licence produced by driver already expired before accident - Driver of offending vehicle did not depose in evidence and stayed away from witness box - He as owner had..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 120B-- Murder - Order framing charge - Merely because petitioner helped co-accused to purchase weapon, motorcycle and spectacles, would not in itself lead to inference that petitioner also participated in crime, particularly when petitioner had no knowledge as to for what purposes said weapon, motorcycle..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - No averment of readiness and willingness has been set out by plaintiff nor it stated that defendant had notice of readiness and willingness of plaintiff to perform his part of agreement to sell - Plaintiff even did not enter witness box to prove..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Expert opinion - Accused without himself entering into witness box, seeking sending of cheque to Handwriting expert - Application cannot be allowed...........

Showing : 11-20 of 172 Results