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Supreme Court & High Courts Judgments
Criminal Procedure Code, 1973, S.465 -- Cognizance of Offence -- Wrong Statutory Provision Invoked -- Curable where the Magistrate otherwise possesses jurisdiction to take cognizance under t..
Supreme Court
(i) Civil Procedure Code, 1908, O.23 R.3 -- Compromise Decree -- Authorisation of Advocate -- Cannot be entered into on behalf of a client by an advocate in absence of express authorisation,..
(i) Advocates Act, 1961, S.35 -- Disciplinary Jurisdiction over Advocates -- Caution List by Bank -- Cannot be exercised by a bank or banking association through inclusion of an advocate nam..
(i) Civil Procedure Code, 1908, S.2(2), Partition Act, 1893, Ss.2 to 4 -- Nature of Order Under Partition Act -- An order made under Sections 2 to 4 of the Partition Act is a deemed decree w..
(i) Indian Succession Act, 1925, S.63 -- Proof of Will -- Suspicious Circumstances -- Mere examination of an attesting witness is not sufficient where the Will is surrounded by suspicious ci..
(i) Civil Procedure Code, 1908, O.11 R.1(5) -- Additional Documents -- Voluminous Evidence -- Volume of documents and complexity of tracking multiple email trails does not amount to reasonab..
(i) Civil Procedure Code, 1908, O.14 Rr.1, 2 -- Framing of Issues -- Parties Not at Issue on Any Material Question -- Where parties are not at issue on any material question of law or fact, ..
(i) Evidence Act, 1872, S.114 -- Adverse Inference -- Non-Appearance of Plaintiff in Witness Box -- Non-appearance of plaintiff in the witness box permits a presumption that the case pleaded..
(i) Evidence Act, 1872, S.138 -- Cross-Examination -- Probative Value of Answers to Leading Questions -- Leading questions are permissible in cross-examination, and answers elicited through ..
(i) Specific Relief Act, 1963, S.28 -- Rescission of Contract -- Deposit to Test Bona Fides of Decree Holder -- Permission granted to decree holder to deposit balance consideration after exp..
(i) Criminal Procedure Code, 1973, S.244 -- Committal of Case -- Offence Exclusively Triable by Sessions -- Applies only to offences triable by a Magistrate. Where the offence, such as one u..
(i) Motor Vehicles Act, 1988, S.166 -- Motor Accident Compensation -- Annual Income of Salaried Deceased -- The Income Tax Return of the year immediately preceding death is sufficient to est..
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