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Nov 05 1992

Madeshwara Cargo Movers Vs. Hindustan Cocoa Products Ltd. and anr.

Court : Mumbai

Decided on : Nov-05-1992

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 27; Evidence Act, 1872 - Sections 12; Contract Act, 1872 - Sections 73

Reported in : 1993(2)BomCR154; (1993)95BOMLR391

in such cases. And that takes us to the law on the subject. Section 12 of the Indian Evidence Act, 1872, says that in suits in which damages are claimed, any fact which will enable the Court to determine … Factories Ltd., : [1966]1SCR580 affirmed the long standing rule embodied in section 73 of the Indian Contract Act, 1872. In so doing it said --'It … have a world-wide reputation. The class which purchases the beverage and the chocolates comes from the fairly affluent sections of the society. These sections have a sensitivity and taste which has been catered to and cultivated by

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Jan 15 2008

Gaudiya Mission Vs. Shobha Bose and anr.

Court : Supreme Court of India

Decided on : Jan-15-2008

Subject : Family

Acts : Societies Registration Act, 1860; Evidence Act, 1872 - Sections 73; Indian Succession Act, 1925 - Sections 384 and 384(1); Code of Civil Procedure (CPC) , 1908 - Sections 100, 101 and 141

Reported in : AIR2008SC1012; 2008(3)ALD10(SC); 2008(1)ALLMR(SC)909; 2008(2)ALT26(SC); (SCSuppl)2008(2)CHN26; JT2008(1)SC384; (2008)3MLJ506(SC); 2008(1)SCALE390; 2008AIRSCW564; AIR2008SC1012; 2008(2)CivilLJ464; 2008(1)LH(SC)463; 2008(2)ICC170; 2008(2)KCCRSN105

Court of Law to compare hand-writings and reliance in this connection was placed on Section 73 of the Evidence Act, 1872. It was submitted that the law enables a Court to make comparison of hand-writings and if the statutory … of both questions of fact and of law. The limitations on the power of the Court imposed by Sections 100 and 101 of the CPC cannot be made applicable to an Appellate Court hearing a Letters Patent

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Mar 12 2013

Garre Mallikharjuna Rao (D) by Lrs. and ors. Vs. Nalabothu Punniah.

Court : Supreme Court of India

Decided on : Mar-12-2013

Subject : Evidence

Acts : Indian Evidence Act, 1872 - Section 73; Specific Relief Act, 1963 - Section 20

State of Rajasthan, AIR 2013 SC 633, while dealing with the provisions of Section 73 of the Indian Evidence Act, 1872, this Court observed that courts, should be slow to base its findings solely on comparison made by it. … In Ajay Kumar Parmar v. State of Rajasthan, AIR 2013 SC 633, while dealing with the provisions of Section 73 of the Indian Evidence Act, 1872, this Court observed that courts, should be slow to base its

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Jan 20 2012

Gowri Shankar Vs. J.L.Babu and anr

Court : Andhra Pradesh

Decided on : Jan-20-2012

Subject : Property

Acts : Indian Evidence Act, 1872 - Section 73, 45; Constitution of India - Article 227

rejected the said application by opining that, in view of the provisions of Section 73 of the Indian Evidence Act, 1872 (for short 'the Act'), the Court itself can undertake the exercise of comparison of the signatures and that … the arguments. The lower Court rejected the said application by opining that, in view of the provisions of Section 73 of the Indian Evidence Act, 1872 (for short 'the Act'), the Court itself can undertake the exercise

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Sep 05 2008

Pooja Batra Vs. Union of India (Uoi) and ors. Overruled

Court : Delhi

Decided on : Sep-05-2008

Subject : Customs

Acts : Conservation of Foreign Exchange and Preservation of Smuggling Act, 1974 - Sections 3, 3(2), 5(1), 7, 7(1) and 11; Customs Act, 1962 - Sections 2(39), 108, 110 and 135; Evidence Act, 1872 - Sections 73; Code of Criminal Procedure (CrPC) - Sections 39, 82, 83 and 482; Indian Penal Code (IPC) - Sections 199, 420, 468 and 471; Business Rules - Rule 3; Constitution of India - Article 22(5)

Reported in : 155(2008)DLT6

declaration forms are compared in exercise of powers conferred on the Court under Section 73 of The Indian Evidence Act, 1872 with the signatures appearing on the declaration form submitted for the ninth transaction, it will clearly show that … a report with the police at police station Tughlakabad area against the detenu for the alleged offences under Sections 199, 420, 468 and 471 of the IPC on account of the fact that the detenu of his

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Mar 27 1998

Pathivada Narayanswamy Vs. Gaulocha Pannalal and Kenguva Appalanarasai ...

Court : Andhra Pradesh

Decided on : Mar-27-1998

Subject : CivilContract

Acts : Evidence Act, 1872 - Sections 45, 47 and 73

Reported in : 1998(3)ALD80; 1998(2)ALT718

it to expert, the learned District Judge, in exercise of the powers under Section 73 of the Indian Evidence Act, 1872, proceeded to examine Ex.A-1 by himself and compared the disputed signature of 2nd defendant on Ex.A1 with his … take any steps for sending it to expert, the learned District Judge, in exercise of the powers under Section 73 of the Indian Evidence Act, 1872, proceeded to examine Ex.A-1 by himself and compared the disputed signature

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Dec 17 2007

Rajinder Bajaj Vs. the Indian Tanning Industries and ors.

Court : Delhi

Decided on : Dec-17-2007

Subject : Civil

Acts : Evidence Act, 1872 - Sections 45, 47 and 73

Reported in : AIR2008Delhi62; 2008(100)DRJ534

with regard to examination of signatures of questioned documents by experts under Sections 45 and 47 of Indian Evidence Act 1872 and examination by court itself under Section 73 of Indian Evidence Act 1872. The Supreme Court in Murari

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Apr 03 1985

S.K.A.R.S.M. Ramanathan Chettiar Vs. National Textile Corporation Ltd. ...

Court : Kerala

Decided on : Apr-03-1985

Subject : Contract

Acts : Contract Act, 1872 - Sections 5, 6, 10 and 73; Evidence Act, 1872 - Sections 3 and 114; Sale of Goods Act, 1930 - Sections 56

Reported in : AIR1985Ker262

- recovery - Sections 5, 6, 10 and 73 of Contract Act, 1872, Sections 3 and 114 of Evidence Act, 1872 and Section 56 of Sale of Goods Act, 1930 - contract for sale - buyer refused to take

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Mar 12 2003

Mysore Cements Ltd. Vs. Svedala Barmac Ltd.

Court : Supreme Court of India

Decided on : Mar-12-2003

Subject : Arbitration

Acts : UNCITRAL Conciliation Rule; Arbitration and Conciliation Act, 1996 - Sections 30, 31, 34, 36, 73, 73(2), 73(3), 73(4), 74, 76 and 77; Code of Civil Procedure (CPC) , 1908; Evidence Act, 1872

Reported in : AIR2003SC3493; 2003(1)ARBLR651(SC); 2003(4)AWC2727(SC); JT2003(5)SC103; (2003)3MLJ76(SC); 2003(3)SCALE201; (2003)10SCC375; [2003]2SCR1028; 2003(2)LC838(SC)

be followed by him untrammeled by the procedural law like the Code of Civil Procedure or the Indian Evidence Act, 1872. When the parties are able to resolve the dispute between them by mutual agreement and it appears to … in Haresh Dayaram Thakur v. State of Maharashtra and Ors. : AIR2000SC2281 while dealing with the provisions of Sections 73 and 74 of the Act, in para 19 of the judgment as expressed thus:-'19. From the statutory provisions

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Feb 19 2008

Thiruvengada Pillai Vs. Navaneethammal and anr.

Court : Supreme Court of India

Decided on : Feb-19-2008

Subject : Contract

Acts : Evidence Act, 1872 - Sections 45, 47 and 73; Indian Stamp Act, 1899 - Sections 35, 37 and 54; Indian Stamp Rules, 1925

Reported in : AIR2008SC1541; 20083ALD112SC; 20082AWC1374SC; SCSuppl20082CHN97; 20081CTLJ324SC; 20082KLT267SC; 20082MLJ1115SC; 20082SCALE630; 20084SCC530; [2008] 3 SCR 23

is challenged in this appeal by special leave. The appellant contended that having regard to the provisions of Evidence Act, 1872, there was nothing improper in the first appellate court comparing the disputed thumb impression in Ex. A-1 with … as to identity or handwriting or finger impressions are relevant facts. Section 73 provides that in order to ascertain whether a finger impression is that … contention first. The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which

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