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Landmark Judgments and Articles on Law

Whether the court should frame an issue if a party takes the vague plea in the plaint or written statement?

IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 350/2018 & IA No.9403/2018 (u/O XXXIX R-1&2 CPC) ANIL KUMAR ….. Plaintiff Through: Mr. K.K. Sharma, Adv. Versus DEVENDER KUMAR & ORS ….. Defendants Through: Mr. Ajay Kumar, Adv. for D-1&2.Mr. Ashok K. Sagar, Adv….

Whether wife can claim right in property U/S 14(1) of Hindu Succession Act if she, along with her husband, had executed Mutual will?

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25th April, 2020 9th May, 2019 CS(OS) 78/2016 & IAs No.2362/2016 (u/O XXXIX R-1&2 CPC), 12095/2016 (u/O XXXIX R-2A CPC), 7917/2017 (of D-2 u/S 151 CPC), 15767/2018 (u/O VI R-17 CPC) & 15768/2018…

Whether a son can claim an injunction against mother restraining her from dispossessing him from the property bequeathed to him in the mutual will?

IN THE HIGH COURT OF DELHI CS(OS) 78/2016, IAs Nos. 2362/2016 (u/O XXXIX R-1, 2 CPC), Decided On: 25.04.2020 Vickram Bahl Vs. Siddhartha Bahl and Ors. Hon’ble Judges/Coram: Rajiv Sahai Endlaw, J. 1. On 20th February, 2019, the following order was passed: “1. The two…

Whether Property allotted on the license to the deceased is partible among his legal heirs?

IN THE HIGH COURT OF DELHI RSA No. 394/2015 Decided On: 29.04.2020 Gopi Chand Vs. Geeta Devi and Ors. Hon’ble Judges/Coram: Rajiv Sahai Endlaw, J. 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and…

Whether the court can restrain wife restricted by will of her husband to dispose of property by the sale to dispose of it by gift?

IN THE HIGH COURT OF DELHI CS (OS) 191/2016, IAs Nos. 5040/2016 Decided On: 23.04.2020 Kamal Parti Vs. Raj Kumar Parti and Ors. Hon’ble Judges/Coram: Rajiv Sahai Endlaw, J. 1. The plaintiff Kamal Parti has instituted this suit, for declaration and permanent and mandatory injunctions…

What are material prerequisites for proof of email evidence?

IN THE HIGH COURT OF DELHI CS (OS) 86/2009 Decided On: 24.01.2013 Babu Ram Aggarwal Vs. Krishan Kumar Bhatnagar and Ors. Hon’ble Judges/Coram: Rajiv Sahai Endlaw, J. 1. The two plaintiffs seek a decree for specific performance against the defendants No. 2, 3 & 4,…

Whether it is necessary to give suggestion in Cross Examination in Civil proceeding?

IN THE HIGH COURT OF DELHI RFA 205/2004 Decided On: 10.07.2013 Sher Mohammad Vs. Mohan Magotra Hon’ble Judges/Coram:Rajiv Sahai Endlaw, J. Citation: 2013 SCC OnLine Del 2530. 1. The appeal impugns the judgment and decree dated 09.02.2004 of the Additional District Judge, Delhi dismissing suit…

Whether party can be permitted to file Xerox of documents subject to condition to produce original for inspection as and when required?

IN THE HIGH COURT OF DELHI IA No. 5683/2008 in CS(OS) 516/2007 Decided On: 18.05.2009 Aktiebolaget Volvo and Ors. Vs. R. Venkatachalam and Anr. Hon’ble Judges/Coram:Rajiv Sahai Endlaw, J. Citation: ( 2009 )ILR 6 Delhi 233,MANU / DE / 1690 / 2009,160 ( 2009 )…

NCW fined for acting beyond its jurisdiction

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 31st March, 2016. W.P.(C) No. 7359/2014 & CM No.17214/2014 (for stay) KUNAL CHAUHAN ….. Petitioner Through: Ms. Nandita Rao, Adv. Versus NATIONAL COMMISSION FOR WOMEN & ANR …….Respondents Through: Mr. Jasmeet Singh, CGSC…

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