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Supreme Court & High Courts Judgments
If a third party can show a fair semblance of title or interest, he can file an application for impleadment in the suit for specific performance
Impleadment of Necessary Party--Discreti..
Supreme Court
Appellant was convicted under S.18 NDPS Act for which no minimum punishment has been prescribed--Protracted Trial of more than 19 years--Sentence reduced to period already undergone..
Punjab & Haryana High Court
After the joint family property has been distributed in accordance with law, it ceases to be joint family property and the shares of the respective parties become their self-acquired propert..
While Phenolphthalein test and recovery of tainted notes may create suspicion, they are not substitutes for substantive evidence of demand or acceptance--Demand not Proved--Acquittal..
There was no justification for setting aside the arbitral award by taking a possible view which was different from the view of arbitrator--Award of arbitrator restored..
Accused against whom application under S.319 CrPC has been dismissed; cannot be summoned again by way of private complaint..
Service of Notice and Joinder under S.21 of 1996 Act to parties sought to be impleaded in arbitral proceedings is mandatory in an application under S.11 for appointment of arbitrator
Ar..
Suit for Declaration--Ancestral Property--Plaintiff has to be given opportunity to lead evidence-- Application for framing and adjudication of preliminary issue of suit barred by limitation ..
Security Cheques--Accused presented MoU signed by complainant acknowledging repayment of loan and loss of security cheque--Thereafter, complainant failed to establish that the present cheque..
The improvements made, while deposing before learned trial Court, cannot form the basis for exercising the extraordinary power under S.319 CrPC/S.358 BNSS..
It is not mandatory upon the Appellate Court to frame point of determination under O.41 R.31 CPC while deciding the first appeal..
On refusal to accept summons, the same were affixed at the door--Thereafter, straightaway service by munadi was ordered--O.5 R.17 and 19 CPC not followed--Impugned order set aside..
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