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SUPREME COURT OF INDIA

Year of decision: 2022
Details

Constitution of India, 1950, Article 226 -- Writ jurisdiction - When a High Court in exercise of its jurisdiction u/art 226 of Constitution finds that there was utter failure on the part of Registering Authority to stick to the mandate of law, Court merely cancels the acts of registration, but does not declare very execution of document to be null and void...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Evidence Act, 1872, Section 65B(4) -- Electronic evidence - Certificate u/s 65-B(4) of the Act is mandatory requirement of law - Oral evidence in the place of such certificate cannot possibly suffice...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiff in exclusive possession of suit land over a period of time as such his possession cannot be disturbed otherwise than having recourse to law either by way of partition or a decree of appropriate Court - Defendants rightly restrained from interfering in possession of plaintiff..........

CHHATTISGARH HIGH COURT

Year of decision: 2022
Details

Mohammedan Law -- Will - Conditions to be fulfilled for a valid Will executed by a Mahomedan - (a) A bequest may be executed by any Muslim to another including institution and a class of people; (b) The persons entitled to make or take a Will must have capacity to make or take a Will; (c) A bequest must be made of some subject; (d) Formalities of making a Will must be..........

CHHATTISGARH HIGH COURT

Year of decision: 2022
Details

Mohammedan Law -- Inheritance - Deceased expired issueless and defendants 1 to 4 were sons of brothers of deceased - Therefore, they fall within ambit of residuary as defined u/s 65 of Mohammedan Law as per Category III descendants of a father and fall within Clause IX i.e Full Brother's son - Since the defendants are residuary as defined u/s 65 of Mohammedan Law and..........

CHHATTISGARH HIGH COURT

Year of decision: 2022
Details

Mohammedan Law -- Will - No consent from other residuaries in absence of sharers has been obtained - Will not executed as per procedure provided under Mohammedan Law...........

CHHATTISGARH HIGH COURT

Year of decision: 2022
Details

Mohammedan Law -- Will - A Mahomedan cannot by Will dispose of more than a third of his estate after payment of funeral expenses and debts...........

CALCUTTA HIGH COURT

Year of decision: 2022
Details

Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Family members of deceased have constantly stated regarding factum of demand of dowry, ill treatment by husband and mother-in-law of deceased - Said fact is corroborated by landlord of accused - Offence u/s 498-A IPC proved - Accused convicted...........

CALCUTTA HIGH COURT

Year of decision: 2022
Details

Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Modification of sentence - Incident is of the year 2000 and more than 20 years have passed in the meantime - Sentence of A-1/husband of deceased is modified to 1 year R.I with fine of Rs.5000 in default of same S.I for 3 months for offence u/ss 498-A, 34 IPC - Sentence of A-2/mother-in-law of deceased is modified to..........

CHHATTISGARH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Neither promissory note proved in accordance with law nor its promissory note as defined u/s 5 of the Act - Plaintiff failed to prove its case - Suit rightly dismissed...........

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