Month: May 2012
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Scope and Ambit of Anticipatory Bail – S.S.Mhetre – 2011
SCOPE AND AMBIT OF ANTICIPATORY BAIL – summed up and reiterated by the the Hon’ble SC in SS.Mhetre v. State of Maharashtra (2010 SC) 118. A good deal of misunderstanding with regard to the ambit and scope of section 438 Cr.P.C. could have been avoided in case the Constitution Bench decision of this court in…
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Fraud includes two elements – deceit – and injury to person decieved – in absence of latter no fraud
Facts : Dr. Vimla purchased a car in the name of her minor daughter Nalini aged about 6 months. The price of tile car was paid by her. The transfer of the car was notified in the name of Nalini to the Motor Registration Authority. The insurance policy already issued was transferred in the name…
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Women of Easy Virtue can also be raped – but in this case accused gets benefit of doubt….SC
Comment : In this logical and well reasoned judgment the SC gave the benefit of a doubt to a person accused of rape on the following premise :- i) The prosecutrix was the sole witness – her statement u/s 161/164/as well as in Court, not believed – she supressed the genesis of the occurence – by…
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Cancellation of Transaction on account of Frustration !
Comment : In this case a person sold X (leasehold warehouse) to his friend. Later he cried misrepresentation and sought to steer clear of the transaction. Later at the stage of second appeal he took the plea of frustration as he himself was a lessee of the land and could not have sold – the court…
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Specific Performance – and rising real estate prices !
Mobile View Main Search Forums Advanced Search Disclaimer Cites 7 docs – [View All] Section 20 in The Indian Penal Code, 1860 The Indian Penal Code, 1860 G. Varalakshmi And Anr. vs G. Srinivasa Rao (Dead) And Anr. on 6 August, 2009 Hindustan Construction Co. Ltd. vs National Highways Authority Of … on 25 March, 1997 The Specific…
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Eviction of tenant under DRC/Bona Fide Requirement – SUmmary Procedure – Leave to Defend when to be granted ?
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT Date of Judgment: 16.3.2012 RC.REV. No.141/2011 & CM No.8661/2011 HAJI YUSUF SIDDIQUI ….. Petitioner Through: Mr.Mohd. Rashid, Adv. versus MOHD WASEEM & ANR ….. Respondents Through: Mr.S.H.Nizami, Adv. CORAM: HON’BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral) 1. Impugned…
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Premises Closed/Not to be found – held to be valid service.
THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 30.11.2010 Judgment Pronounced on: 03.12.2010 + CS(OS) No. 241/2010 AJAY AHUJA & ANR. ..…Plaintiff– versus –M/S SUBHIKSHA TRADING SERVICES LTD.…..Defendant Advocates who appeared in this case:For the Plaintiff: Mr. Rajesh Yadav For the Defendant: None. CORAM:-HON’BLE MR JUSTICE V.K. JAIN1. Whether Reporters of local papers may be…
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Delhi High Court on Partition Among Family Members.
Delhi High Court Narinder Nath Seth & Ors vs Mrs. Lata And Ors on 8 February, 2012 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2658/1999 NARINDER NATH SETH & ORS. ….. Plaintiffs Through: Mr. Gaurav Puri, Mr. Dilip Gupta and Mr. Anil Punj, Advocates. versus MRS. LATA AND ORS. ….…