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Supreme Court & High Courts Judgments
Special Marriage Act, 1954, S.29 -- Divorce -- Mutual Consent -- Waiver of One-Year Period -- The statutory waiting period of one year under S.29 can be waived in cases of exceptional hardsh..
Delhi High Court
Registration Act, 1908, S.17/18 -- Registration -- Sub Registrar's Power -- The Registering Authority must either register or refuse a document in accordance with law -- The Act does not per..
Jammu & Kashmir and Ladakh High Court
Representation of the People Act, 1951, S.82 -- Election Petition -- Impleadment of Parties -- Only those persons mentioned in S.82 can be impleaded as respondents to an election petition, n..
Motor Vehicles Act, 1988, S.163A -- Motor Accident Claim -- Standard of Proof -- Motor accident claim proceedings must be decided on the standard of preponderance of probability and not proo..
Supreme Court
Civil Procedure Code, 1908, O.VIII R.9 -- Additional Written Statement -- Wholly Inconsistent Defence -- A defendant cannot file an additional written statement under O.VIII R.9 CPC at an ad..
Banking Law -- Title Deed Retention -- A bank cannot withhold original title documents of a secured asset after accepting full settlement of dues and issuing a no dues certificate -- Accepta..
Allahabad High Court
Employees' Compensation Act, 1923 -- Employees' Compensation -- Murder on Duty -- Death of an employee by assault while on duty qualifies as accidental death arising out of and in the course..
Civil Procedure Code, 1908, O.47 R.1 r/w S.114 -- Review Jurisdiction -- Non-Consideration of One of Multiple Orders Challenged -- Failure to consider one of two impugned orders challenged i..
Gauhati High Court
Once a registered Sale Deed is executed between parties specifying a sale consideration, a suit to recover any balance amount based on an earlier Agreement to Sell is barred under Sections 9..
A plaint for specific performance cannot be summarily rejected under Order VII Rule 11(d) of the CPC by mechanically imputing constructive notice of registered documents under Section 3 of t..
Andhra Pradesh High Court
Under Section 122 of the Bharatiya Sakshya Adhiniyam, 2023, corresponding to Section 116 of the Indian Evidence Act, 1872, a tenant inducted into a property by a landlord is estopped from su..
Under Order 6 Rule 17 of the Civil Procedure Code, 1908, amendment of pleadings must be allowed if required for proper adjudication and to avoid multiplicity of proceedings. Mere delay in fi..
Rajasthan High Court
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