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Supreme Court & High Courts Judgments
(i) Hindu Succession Act, 1956, S.8 -- Hindu Succession -- Property Inherited by Father under Section 8 -- Property devolving on an heir under Section 8 vests in his individual capacity. Gra..
Rajasthan High Court
Evidence Act, 1872, S.69 -- Proof of Will -- Non-Availability of Both Attesting Witnesses Not Established -- Applies only as an exceptional mode of proof once the propounder establishes that..
Supreme Court
(i) Insurance Act, 1938, S.64VB -- Insurance Claim -- Turnover Exceeding Sum Insured Without Advance Premium -- Insurer cannot assume risk beyond the sum insured unless premium for enhanced ..
(i) Motor Vehicles Act, 1988, S.166 -- Motor Accident Compensation -- Acquittal of Driver in Criminal Case -- Does not affect the assessment of tortious liability, since criminal proceedings..
(i) Constitution of India, 1950, Art.226 -- Electrocution Compensation -- Disputed Questions of Fact -- Cannot be adjudicated in writ jurisdiction where the claim for compensation involves c..
Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Suit Barred by Limitation on Face of Pleadings -- Must be rejected at the threshold where the bar of limitation is evident from..
Security Interest (Enforcement) Rules, 2002, R.9(3) -- Auction Sale Under SARFAESI Act -- Shortfall in Earnest Money Deposit -- Loses significance once the auction purchaser deposits twenty-..
Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Dispute Over Ad Valorem Court Fee -- Depends on facts relating to possession and other issues to be established through evidenc..
(i) Civil Procedure Code, 1908, O.2 R.2, S.105 -- Order II Rule 2 -- No Separate Appellate Remedy Against Order Rejecting Application -- There is no provision in the Code providing a separat..
(i) Specific Relief Act, 1963, S.31(2) -- Karnataka Registration Rules, 1965, R.123 -- Cancellation of Registered Instrument -- Effect of Court Declaration -- Once a competent Court declares..
Karnataka High Court
(i) Civil Procedure Code, 1908, O.8 R.1-A(3) -- Late Production of Documents -- Mere Delay in Filing -- Mere delay in filing documents cannot by itself be a ground to reject the application,..
Andhra Pradesh High Court
Evidence Act, 1872, S.137 -- Cross-Examination -- Closure After Partial Examination of Witnesses -- Where cross-examination of some witnesses has been conducted and a request for postponemen..
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