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Landmark Judgments and Articles on Law

Should the court reject an application for amendment of plaint if a new suit on the amended claims would be barred by limitation on the date of application?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. WRIT PETITION NO.364 OF 2017 1) Amartya s/o Surendra Deshmukh, Aged about 13 years, Occ. – Student Being Minor through his Grandfather, Haribhau Krushnarao Deshmukh, Aged about 73 years, Occ.-Agriculture, R/o Takarkheda Sambhu, Taluka-…

Whether Service of notice can be proved by proving Photocopies of Acknowledgment containing signature of other side?

IN THE HIGH COURT OF KERALA AT ERNAKULAM Mat. Appeal No. 214 of 2006 Decided On: 08.07.2019 P.U. Mohammed Basheer Vs. N.P. Sulaikha Hon’ble Judges/Coram: V. Chitambaresh and Ashok Menon, JJ. Citation: AIR 2019(NOC) 752 Ker 1. The appellant is the husband of the original…

FIR can be Quashed to Prevent Abuse of Law or to Secure Ends of Justice u/s 561-A

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU 561-A Cr.P.C. No. 226/2015 MP No. 01/2015 Date of decision: 28.07.2017 Sandupal Dutta & ors. V. Cdr. Urmilla Bhat Coram: Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge. Appearing Counsel: For the petitioner(s) : Mr. Parimoksh Seth, Advocate….

Whether defendant is bound to prove plea of limitation if he has raised it ?

IN THE HIGH COURT OF BOMBAY Suit No. 808 of 2011 Decided On: 18.10.2013 Naresh Lachmandas Aswani Vs. Haridas and Ors. Hon’ble Judges/Coram:R.D. Dhanuka, J. Citation: 2016(4) ALLMR 286 1. By an order dated 26th July, 2012 passed by this court, two issues were framed…

How to ascertain limitation for cancellation of document executed due to force or fraud?

IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No. 332/2018 Dated: 11th October, 2018 ANITA RANI MANGLA Vs BHAGWAT DAYAL CORAM:  MR. JUSTICE VALMIKI J.MEHTA 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed…

Whether accused in cheque dishonour case can be acquitted on ground of limitation?

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Criminal Appeal No. 302 of 2010 Decided On: 16.03.2018 K.N. Raju Vs. Manjunath T.V. Hon’ble Judges/Coram: K. Somashekar, J. 1. This appeal is directed against the judgment of acquittal dated 17.12.2009 passed by the XVI Addl. Chief…

Section 125(3), Limitation, Arrears of maintenance for one year only ?

Supreme Court of India CASE NO.: Appeal (crl.) 673 of 2005 PETITIONER:Shantha @ Ushadevi & Anr. RESPONDENT:B.G.Shivananjappa DATE OF JUDGMENT: 06/05/2005 BENCH:P. VENKATARAMA REDDI & A.K. MATHUR JUDGMENT:J U D G M E N T (Arising out of S.L.P.(Crl.)No.5723 of 2004) A.K. MATHUR, J. Leave…

Appeal without Condonation Application can be dismissed at initial stage?

Supreme Court of India Bench: K.T. Thomas, R.P. Sethi CASE NO.:Appeal (civil) 4994 of 2000 PETITIONER:STATE OF M.P. AND ANR. RESPONDENT:PRADEEP KUMAR AND ANR. DATE OF JUDGMENT: 12/09/2000 BENCH:K.T. THOMAS & R.P. SETHI JUDGMENT: JUDGMENT 2000 Supp(3) SCR 235 The Judgment of the Court was…

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