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Showing posts with label chhattisgarh high court. Show all posts
Showing posts with label chhattisgarh high court. Show all posts
Sunday, 22 December 2024

CHHATTISGARH HC (FB) : Additional district Judge can entertain application U/S 34 of arbitration Act

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To sum up, as an upshot of the above discussion, M/s. Sarin Construction Company, Raipur (MANU/CG/0051/2005 : AIR 2006 Chh 412) (supra) base...
Saturday, 25 March 2023

Is a prenuptial agreement between husband and wife not to have a child after marriage a valid contract?

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  Under the Hindu religion, the marriage had assumed the sacred character of sacrament. The personal thought of marriage was a prime necessi...
Tuesday, 21 July 2020

When can sanctioning authority grant sanction for prosecution of a public servant under the Prevention of Corruption Act after rejecting it?

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  The crisp question involved in this matter is, whether the sanctioning authority has power and jurisdiction to review its order in the m...
Sunday, 5 January 2020

Whether oath taken by high court judge can be disclosed under RTI?

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Respondent No.1 herein in the application filed under Section 6(1) of the Act of 2005 had only stated that he wish to have the copy of ...
Sunday, 29 December 2019

Chhatis HC: Presumption U/S 90 of evidence Act can be raised in respect of executed documents only

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It would thus be seen that the plaintiffs' case rests only on the certified copy of the sale deed which do not contain the signature...
Sunday, 22 December 2019

Whether doctrine of res judicata is applicable if suit is filed under new rent Act?

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  Therefore, even after dismissal of earlier proceeding if a new act is promulgated, the beneficiary under the statute can always ring the...
Friday, 20 December 2019

Chhatis HC: Eviction suit is not liable to be dismissed if tenancy agreement is not registered

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Reading of Section 4 of the Act of 2011 speaks about the tenancy agreement. It shows that notwithstanding anything contained in Section 10...
Tuesday, 29 October 2019

Whether civil court can grant injunction to restrain revenue court?

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  In view of the above-stated legal position, the trial Court has rightly held that the Revenue Court is not the court subordinate to the ...
Saturday, 27 July 2019

What are necessary pre-requisite for taking cognizance of offence against Notary?

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Section 13(1) of the Notary Act, 1952 clearly bars the act of taking cognizance of any offence against the Notary in exercise or purported...
Thursday, 20 June 2019

Whether Magistrate should follow principles laid down by Supreme Court for registration of FIR against doctors under S. 156(3) CrPC?

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The principle of law laid down by the Supreme Court in  Jacob Mathew (supra) and  Martin F. D'Souza  (supra) for registration of crimi...
Wednesday, 5 June 2019

When plea of defendant that agreement of sale was mortgage by conditional sale is not tenable?

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The finding of the Court below that since the defendant had pleaded that it was a loan, therefore, the burden would be shifted on the plai...

Whether one co-owner will become exclusive owner of property by adverse possession if his name is mutated in revenue record?

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 Similarly, in the matter of Jatina Khatoon and others v. S.K. Najeeb (Dead) through Legal Representatives and others MANU/SC/1076/2017 : ...
Sunday, 24 March 2019

Whether court can grant decree for specific performance on contract on basis of insufficiently and unregistered agreement of sale if it is exhibited?

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  It is also settled that receiving a document in evidence and its admissibility under the Indian Stamp Act, 1899 and the Registration Act...
Sunday, 3 March 2019

What is difference between advance amount and earnest amount?

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  Difference between 'advance amount' and the 'earnest money' has been considered by the Supreme Court in number of cases....
Friday, 1 March 2019

Whether bar as per O 2 R 2 of CPC can be proved on basis of photocopy of plaint?

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True it is that the defendants have filed a photo copy, we cannot ignore that the law laid down by the Supreme Court in the case of Gurbux...
Friday, 28 December 2018

Whether second appeal is maintainable against order passed in application under O 21 R 97 of CPC?

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When the application of Order 21 Rule 97 CPC is adjudicated, it is enveloped within the definition of decree and first appeal having been ...

Whether right to appeal is available if special statute under which right is claimed which does not confer right to appeal?

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In the case of R.M.A.R.A. Adaikappa Chettiar v. R. Chandrmekhara Thevar MANU/PR/0005/1947 : AIR 1948 PC 12, while considering a similar ra...

Whether husband is entitled to get divorce even if he has not filed application for execution of order of restitution of conjugal rights?

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In Smt. Bimla Devi v. Singh Raj {MANU/PH/0030/1977 : AIR 1977 PH 167} Hon'ble Full Bench of the High Court of Punjab and Haryana has o...

Whether husband has condoned cruelty caused by wife if he has filed petition for restitution of conjugal rights?

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In the case in hand, after the alleged cruelty, the appellant had preferred an application under Section 9 of the Act of 1955 and obtained...
Saturday, 24 November 2018

Whether plaint can be rejected on ground that suit is barred by benami prohibition Act?

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 Order 7 Rule 11 of CPC provides for rejection of plaint where the suit appears, from the statements in the plaint, to be barred by any la...