best civil lawyers chennai

best civil lawyers chennai : Contraband – Search is conducted by gazetted officer himself – Compliance of S.42 of NDPS Act not necessary. (2016(3) Apex Court Judgments 164 (S.C.)

Dishonour of cheque –

Bank account closed – (a) cheque issued when account was already closed; (b) bank account closed after issuance of cheque; (c) Account closed by bank without knowledge of account holder – Law as to – Analysed. (2016(3) Criminal Court Cases 640 (Kerala)

Dishonour of cheque –

Premature complaint

– Not maintainable. (2016(1) Civil Court Cases 230 (All.)

Document – Means legally permissible document either in the shape of original document or in the shape of copy duly authenticated – Summoning of documents u/s 91 Cr.P.C. is summoning of original documents. (2016(3) Criminal Court Cases 607 (Delhi)

Domestic Violence

– Interim maintenance – It is not mandatory to obtain report from Protection Officer before deciding application u/s 23 of the Act. (2017(4) Civil Court Cases 804 (Rajasthan)

Ex parte order

– Set aside – Party is to be relegated to the stage at which he was proceeded ex parte and not at the stage at which case is pending. (2016(1) Civil Court Cases 042 (P&H)

Gift deed

– Test of suspicious circumstances not applicable – Gift registered and signature of donor when proved, it cannot be held to be invalid unless a case of fraud or misrepresentation is made out. (2017(1) Civil Court Cases 188 (Bombay)

Nullity of decree

– Plea can always be set up before the Executing Court. (2013(1) Apex Court Judgments 001 (S.C.

Power of attorney in favour of Branch Manager to institute suit

– Power of attorney itself does not require even to be attested – If Branch Manager was producing the document in original and he was stating that he had the authority to represent the Bank, it ought to be taken as sufficient proof for upholding the authority for institution of suit. (2014(1) Civil Court Cases 535 (P&H)

Rejection of plaint

– Cause of action – True or not – Cannot be decided at the time of deciding application for rejection of plaint. (2017(4) Civil Court Cases 723 (T&A)

Reply to replication

– In common law pleading, word `replication’ is generally used, which means reply made to the defendant’s plea and `rejoinder’ is used in general sense pleadings to refer to the second pleading of the defendant being his answer to plaintiff’s replication. (2017(4) Civil Court Cases 774 (P&H)

Test identification parade

– Accused seeking TIP – There is no provision in Cr.P.C nor in Evidence Act, which creates a right in favour of accused to claim test identification. (2015(3) Criminal Court Cases 701 (Rajasthan)

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