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Sh. Rajesh Chaudhary Vs. Nirmala Chaudhary

Court : Delhi

Subject : Civil

Acts : Evidence Act, 1872 - Sections 4 and 112 - Schedule - Articles 5 and 16; ; Code of Civil Procedure (CPC) - Sections 151 - Order 26, Rule 10A; ;Indian Penal Code (IPC) - Sections 34, 406 and 498A; ;Constitution of India - Articles 21 and 227

Reported in : 125(2005)DLT311; II(2005)DMC814; 2006(86)DRJ61

last the complaint was filed against the Petitioner.'i) Reliance has been placed on Section 112 of the Indian Evidence Act, 1872 which reads as follows:-''Section 112. The fact that any person was born during the continuance of a valid … 2002, upon a complaint by the respondent to the Crime against Women Cell, an FIR No. 102/03 under Sections 498A/406/34 IPC was registered at Police Station, Nizamuddin, against the petitioner.a) There were dowry demands by the petitioner … continued to reside with her mother at Jangpura, Delhi.''Para 2 ''That on 16.3.2001 the Petitioner was transferred to Delhi office of his company and the

Mahadev S/o Vishwanth Swamy Vs. Smt. Vishalakshi W/o Mahadev Swamy

Court : Karnataka Kalaburagi

Subject : Land Acquisition

the averments made in the Gift Deed - Ex.D1 is impressible in view of Section 92 of the Evidence Act, 1872 (hereinafter referred to as the 'Evidence Act'); v) that the Plaintiff ought to have sought for possession of … passed by the Trial Court as well as the first Appellate Court contended; i) that having regard to Sections 68 and 111 of the Evidence Act and Section 16(1) and (3) of the Indian Contract Act, 1872

Laxmibai (Dead) Thr. Lrs. and anr. Vs. Bhagwantbuva (Dead) Thr. Lrs. a ...

Court : Supreme Court of India

Subject : Civil

Acts : Hindu Adoptions and Maintenance Act, 1956 - Section 16; Evidence Act, 1872 - Section 57(1); Code of Civil Procedure (CPC), 1908 - Order 18 Rule 16

passes into the law of the land and proof of it becomes unnecessary under Section 57(1) of the Evidence Act, 1872. Material customs must be proved properly and satisfactorily, until the time that such custom has, by way of … appellants, has submitted that there is a presumption of validity with respect to the registered adoption deed under Section 16 of Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as ?the Act 1956?). Therefore, the appellate

Mustt. Jubeda Khatun Vs. Sulaiman Khan

Court : Guwahati

Subject : Civil

Acts : Evidence Act, 1872 - Sections 111; Contract Act, 1872 - Sections 16; Negotiable Instruments Act, 1881 - Sections 118; Code of Civil Procedure (CPC) , 1908 - Sections 34 - Order 34, Rule 11

Section 111 of the Evidence Act, the provisions of Section 114 illustration (c), Section 16 of the Contract Act, 1872 and Section 118 of the Negotiable Instruments Act, 1881 need be suitably amended and the principles applicable to … of undue influence over them. The principle was based on the provisions contained in Section 111 of the Evidence Act. However, in my opinion, the principle does not strictly come within the fold of the Section 111 of … counsel for the appellant has drawn our attention to the provisions of Section 34 and the provisions of Order 34 Rule 11 of the Civil

Reema Aggarwal Vs. Anupam and ors.

Court : Supreme Court of India

Subject : FamilyCriminal

Acts : Indian Penal Code (IPC), 1860 - Sections 304B, 307, 494 and 498A; ;Hindu Marriage Act, 1955 - Sections 5, 11, 16 and 27; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Dowry Prohibition Act, 1961 - Sections 2, 3, 4, 5 and 6; Dowry Prohibition (Amendment) Act, 1986 - Sections 2; ;Evidence Act, 1872 - Sections 113B

Reported in : AIR2004SC1418; 2004(1)ALD(Cri)452; (2004)3CALLT16(SC); 2004CriLJ892; I(2004)DMC201SC; JT2004(1)SC177; 2004(2)KLT822(SC); 2004(1)SCALE264; (2004)3SCC199

recognizable. Even then the purpose for which Sections 498A and 304B IPC and Section 113B of the Indian Evidence Act, 1872 (for short the 'Evidence Act') were introduced cannot be lost sight of. Legislations enacted with some policy to … Anr., : 1965CriLJ544 in that context. Reference was also made to Sections 5 : 1965CriLJ544 , 11 and 16 of Hindu Marriage Act, 1955 (for short the 'Marriage Act') to contend that the stipulations of conditions of

Radhabai Vs. Arunagiri,

Court : Chennai

Subject : CivilContract

Acts : Union Territories Act - Sections 55; Transfer of Property Act - Sections 3, 54 and 105; Evidence Act, 1872 - Sections 91, 92, 101 to 104, 111 and 114; Contract Act, 1872 - Sections 10, 11, 16, 17 to 19, 23 and 70; Specific Relief Act, 1963 - Sections 31; Limitation Act, 1963 - Sections 3 and 27; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 331; Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 49; Revenue Recovery Act; Registration Act, 1908 - Sections 30(2), 51, 55 and 61; Notaries Act, 1952; Code of Civil Procedure (CPC) , 1908 - Sections 100; Muhammadan Law

Reported in : (2008)2MLJ880

the one she actually executed and she may lead parole evidence in this regard, under Section 92 of Evidence Act, 1872 as per decision (Harmesh Kumar v. Maya Bai). It is pertinent to point out that Section 91 of … 25]21. He also cited (A.V. Palanivelu Mudaliar v. Neelavathi Ammal and Anr.) wherein it is observed as follows:Contract Act (1872), Sections 16 and 70 - Ordinarily onus of proving undue influence is on party who sets up that plea -

Nardev Singh and ors. Vs. Mahabir Singh and anr.

Court : Allahabad

Subject : Civil

Acts : Evidence Act, 1872 - Sections 3, 4, 5, 17, 23, 45 to 47, 58 and 114; Specific Relief Act, 1923 - Sections 14(1), 16, 16C, 20(1) and 20(4); Code of Civil Procedure (CPC) , 1908 - Sections 96, 100, 101 and 103 - Order 6, Rules 1, 2, 8 and 15 - Order 8, Rules 2, 3, 5(1) and 9 - Order 14, Rules 1, 2, 3 and 5 - Order 10, Rule 2 - Order 39, Rule 2; Constitution of India - Article 143; Uttar Pardesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972; Uttar Pardesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 - Rule 16(1)(2)

Reported in : AIR2006All289

that of jurisdiction15. The relevant provisions of law which seem attracted under the Code of Civil Procedure, 1908, Evidence Act, 1872 (as amended) and the Specific Relief Act, 1963 are referred hereunder:Section 96 of the Code of Civil Procedure … consequently recorded the said fact as proved, as it was taken admission of the appellant-defendants in terms of Sections 58 and 114 of the Indian Evidence Act.21. It is settled law that the averments made about readiness … he has strongly stressed that as per the mandatory provisions of Section 16C of the Specific Relief Act (hereinafter referred to as 'the Act') it

State of Gondal Vs. Govindram Seksaria

Court : Mumbai

Subject : PropertyContract

Reported in : (1944)46BOMLR822

the difficulties in this appeal is, that in the Court below none of the parties adduced any oral evidence. It is not known on what date the plaintiff company took possession, or even if it did so … regard to Section 55 of the Transfer of Property Act, 1882, and Section 69 of the Indian Contract Act, 1872, to which I will presently refer.12. The whole of the purchase price being paid, plaintiff No. 1 was … The first point urged on behalf of the appellant in Appeal No. 16 is that the certificate granted by the Crown Representative under Section 86 … opinion that the Maharaja was himself contracting to sell. Apart from the sections of the Indian Acts to which I will refer, the position would

V.P. Padmanabhan Nair and ors. Vs. Grasim Industries, Mavoor and ors.

Court : Kerala

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 16, Rule 1; Evidence Act, 1872 - Sections 159 and 160

Reported in : AIR1997Ker356

referring to the report to refresh his memory. According to counsel. Sections 159 and 160 of the Indian Evidence Act. 1872 (hereinafter referred to as 'the Act') permits such a course. He also argued that even if the document … The order in C.R.P. No. 1942 of 1993 is extracted hereunder:'By LA. 4425 of 1993 filed under Order 16, Rule 1. C.P.C., the petitioner sought to examine one Gopalakrishnan as his witness. The application was dismissed by

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

Subject : Arbitration

held that the allegations of fraud did not constitute a criminal offence which would entail recording of voluminous evidence. The disputes could be resolved through arbitration, and the filing of the Suit before the Commercial Court was … to arbitrate, and not an unequivocal acceptance of the terms of the agreement. Section 7 of the Contract Act, 1872 requires the acceptance of a contract to be absolute and unqualified [Dresser Rand S.A. v. Bindal Agro Chem … specified in Part I of the Arbitration Act. A conjoint reading of Sections 5 and 16 would indicate that all civil commercial matters, including the