The Court held that the agreement to sell was void as it was not executed by all co-owners and the plaintiff’s non-appearance in the witness box undermined his case for specific performance of the contract (paras 6-7).
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The Court held that the lack of possession by Smt. Nandkanwarbai or her adopted son, Kailash Chand, meant they could not claim ownership under Section 14(1) of the Hindu Succession Act, rendering the Revenue suit for partition unsustainable (paras 26-27).
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The Court emphasized that while only the Parliament can prescribe the rate of stamp duty on insurance policies under Entry 91 of List I, the states have the power to impose and collect the duty as per the rate prescribed by Parliament (paras 9-19).
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Key Judicial Interpretation:The court held that minor inconsistencies in eyewitness testimonies do not discredit their overall credibility if the testimonies are largely consistent and corroborated by other evidence. The court...
The Court held that dismissing the case at a preliminary stage would undermine the integrity of ongoing investigations and judicial processes, particularly in complex fraud cases involving public assets (para 8).
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The Court held that the legislative intent of Section 236(1) of the IBC was to incorporate the provisions of Special Courts from the Companies Act as they existed at the time of the IBC’s enactment, making amendments to the Companies Act post-enactment of the IBC irrelevant for the purposes of IBC (paras 42-44).
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Key Judicial Interpretation:The court held that minor inconsistencies in eyewitness testimonies do not discredit their overall credibility if the testimonies are largely consistent and corroborated by other evidence. The court emphasized the principles from Rammi v. State of M.P. and Tahsildar Singh v. State of U.P. on witness credibility and...
The Court held that dismissing the case at a preliminary stage would undermine the integrity of ongoing investigations and judicial processes, particularly in complex fraud cases involving public assets (para 8).
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The Court held that the legislative intent of Section 236(1) of the IBC was to incorporate the provisions of Special Courts from the Companies Act as they existed at the time of the IBC’s enactment, making amendments to the Companies Act post-enactment of the IBC irrelevant for the purposes of IBC (paras 42-44).
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The Court held that the High Court erred in dismissing the petition to quash the second FIR. It clarified that the complaint at Udaipur was not prior in time to the complaint at Hisar and both FIRs had similar allegations, indicating abuse of the legal process (paras 8-10).
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Key Judicial Interpretation:The court held that minor inconsistencies in eyewitness testimonies do not discredit their overall credibility if the testimonies...
The Court held that the agreement to sell was void as it was not executed by all co-owners and the plaintiff’s non-appearance in the witness box undermined his case for specific performance of the contract (paras 6-7).
Know your rights. Share this page to help others understand the law!