A. Criminal Procedure Code, 1973 ― Section 125(1)(c) ― Word ‘injury’ used in Section 125(1)(c) ― Need not necessarily denote ‘physical injury’ for it can be mental injury as well ― It has to be read in the context of inability..
(A) Evidence Act, 1872, Section 5 - Relevancy of fact - Admission - Made by party can be used against him - When such admission is made by a Karta of a Hindu undivided family, who is managing the family property as well as family business affairs - S..
Appeal - Compromise - Memorandum of compromise arrived at between the parties - Appeal disposed of in terms of compromise - This compromise will form part of decree. (Paras 2 and 3)..
(A) Succession Act, 1925, Section 284 - Letter of administration - Grant of - Caveat filed by respondent opposing the grant claiming only a creditors interest in the estate of the deceased - Appellant moved notice of motion conceding claim of respond..
EXHAUSTION OF REMEDIES PER AGREEMENTS - A PRE CONDITION TO APPROACHING THE COURT The Supreme Court of India (“Court”) on August 18, 2008 in Northern Railway Administration, Ministry of Railway, New Delhi Vs. Patel Engineering Company Ltd determine..
Civil Procedure Code, 1908, Order 9 Rule 13 and Order 17 Rule 2 Written statement - Filing of - Extension of time - Ex part decree - Settings aside of - Condition that written statement to be filed within two weeks with cost - Extension of time sough..
Amendment of plaint - Introducing a certified copy of the lease deed in evidence - Declaratory suit for joint title and recovery of possession - Ancient document of 1875 relied upon by plaintiff - Appellate court ought to have granted opportunity to ..
Section 24 Code of Civil Procedure-Transfer of suit- Court is required to issue notice to the other side and hear the party before directing transfer. Court must judicially in ordering a transferon the application of a party...
As held in A. Raghavamma v. A. Chenchamma there is an essential distinction between burden of proof and onus of proof: burden of proof lies upon a person who has to prove the fact and which never shifts. Onus of proof shifts...
What happens if there is valid driving license in motor accident claim...
Once court confirms the sale in favour of the highest bidder in pursuance of the action, the same cannot be set aside unless some fraud is played collusion. Subsequent higher offer will not be taken into consideration..
parties playing fraud up-on court are to be thrown outside court at any stage of proceedings..
Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before court. Another rationale is that the affected party can know why the decision has gone against hi..
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