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Supreme Court & High Courts Judgments
Impounding of Documents--Only original document can be impounded and not a photocopy
Punjab & Haryana High Court
Contributory Negligence--Head-on Collision--Merely because there was a head-on collision, it cannot be held to be a case of contributory negligence..
Fake License--Letter received from DTO, Nagaland stating that the record of the licence was not traceable--It would not mean that driving licence was fake
Earlier suit was for declaration whereas the subsequent suit was for partition--Application under S.10 CPC dismissed..
Restraining from operating or withdrawing any amount from the bank accounts of trust--Election of defendant to the post of President of Trust also challenged being illegal-- Leave of Court n..
Tubewell Electricity Connection--Allowing the application under O.41 R.5 CPC would virtually amount to allowing the appeal--Application dismissed..
Entries in Bahikhatas--Only last entry was within limitation period but that was never acknowledged by the defendant--Thus, claim is time barred--Decree set aside..
Corpus Delicti--Non Recovery of Dead Body--At this stage it cannot be ascertained whether the cause of death was homicide or any other reason--Bail granted..
Right to Speedy Trial--Custody for 2 years and 20 days--Probative value of sole eye witness is yet to be evaluated--Bail granted..
After closing of evidence by plaintiff--Plaintiff would have the right to lead evidence in rebuttal of those issues..
What the Court has to see is whether the petitioner, being entrusted with property in any manner with property, has committed any criminal breach of trust in respect of that property or not..
Claim on the basis of inheritance--Plaintiff cannot be subjected to a DNA test against his wishes..
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