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Supreme Court & High Courts Judgments
Part Performance of Contract by Relinquishment of Claim--Plaintiff (buyer) was not ready and willing to perform his part of the contract--Thus, not entitled to invoke benefit of Section 12(3..
Supreme Court
He stated that he has attested the Will in presence of other witnesses at the time of execution of Will by the testator--No details of other witnesses given--Will discarded
Functional Disability--It has to be assessed on the basis of nature of profession and indispensability of the affected limb or organ in context of profession/work, which was being undertaken..
Period of Insurance--Accident occurred prior to taking of insurance on the same day--In policy only date of commencement of risk was mentioned but not the time--Insurance Company liable to p..
Application under allowed prior to deciding the main appeal--Order allowing application under O.41 R.27 CPC set aside..
Punjab & Haryana High Court
Clearing of Forged Draft in a newly opened account--Draft was apparently forged--Collecting Bank held negligent and careless in clearing a forged draft--Suit decreed..
Direction of Testator--Attesting witness, in his deposition, did not state that the act of affixing his thumb impression on the Will was at the direction of the Testator--Not a fatal defect..
Common scribe of both the Will--He can be examined independently both by the plaintiff and the defendant..
S.80 CPC would not be applicable for an application under O.6 R.17 CPC..
Effect of adoption on alienation of property by adoptive mother before actual adoption--Doctrine of Relation Back, discussed..
Claim by Foreign Citizen--There is no prohibition for succession of the property in India by a foreign national by inheritance
Actual Loss--Unless the actual financial loss, defamation or loss of reputation is established, plaintiff cannot be held entitled for damages..
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