Eviction petition – Fixation of…
Eviction petition – Fixation of rent – Non examining of witness or party to document will not vitiate case of landlords and Rent Controller can consider records and other evidence.
Un-registered and unstamped rent note…
Un-registered and unstamped rent note – Certified copy of rent note obtained under RTI Act though unregistered and unstamped, could be read in evidence for collateral purposes.
Eviction petition – Bonafide requirement…
Eviction petition – Bonafide requirement – Mere omission to make a pleading – Itself no ground to dismiss eviction application altogether, if otherwise, requirement is fulfilled in the evidence to be led from landlord‘s side.
Registration – Document which is…
Registration – Document which is neither properly registered nor stamped, is not admissible in evidence, but same can be used for collateral purposes as per S.49 of the Act.
Maintenance pendente lite – Allegations…
Maintenance pendente lite – Allegations and counter allegations which are made are not germane to award of maintenance for purpose of maintaining basic living of wife – Matter could not be taken up for evidence on account of COVID-19 pandemic condition – Award of amount of Rs.5000 pm as interim maintenance and also a sum […]
Dishonour of Cheque – Quashing…
Dishonour of Cheque – Quashing of proceedings – Disputed questions of fact – Court in exercise of its inherent jurisdiction is not expected to meticulously analyze facts and evidence, as it is matter of trial to be seen during trial – Issuance of cheque is an undisputed fact – Application for quashing dismissed. Contact Top […]
Provision of O.18.R.17 CPC empower…
Provision of O.18.R.17 CPC empower Court at any stage to recall and examine any witness whose evidence it deems essential for the judicious adjudication of the matter and would be required to clarify on certain issues but at the same time it is to be kept in mind that the same is not a provision […]
Bail Lawyers in Chennai- Accused…
Bail Lawyers in Chennai- Accused entitled to apply for a grant of bail if trial of any non-bailable offence is not concluded within a period of 60 days from first date fixed for taking evidence in the case – But this right is not an absolute right and Magistrate for reasons to be recorded in […]
Appointment of Local Commissioner -…
Appointment of Local Commissioner – Commissioner cannot report about ownership of articles found in premises, as said aspect is a matter for evidence. Find the Best Civil Litigation Lawyers in Chennai India.
NDPS – Recovery of 16…
NDPS – Recovery of 16 kgs 200 gms Ganja – Modification of sentence – Witnesses failed to corroborate each other – Evidence not sufficient to impose a punishment of higher degree – Sentence modified from 10 years to 7 years with fine of Rs.50, 000 and in default to suffer R.I for 1 year more.
