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1 - 10 of 17 (0.37 seconds)Section 4 in The Hindu Marriage Act, 1955 [Entire Act]
Section 7 in The Hindu Marriage Act, 1955 [Entire Act]
Section 5 in The Hindu Marriage Act, 1955 [Entire Act]
Section 381 in The Indian Succession Act, 1925 [Entire Act]
The Specific Relief Act, 1963
Section 272 in The Indian Succession Act, 1925 [Entire Act]
Kuriakose vs State Of Kerala on 1 February, 1994
In case titled as Kuriakose Vs. State of Kerala reported as
1995 Criminal Law Journal 1751, it was held that proceedings under
Section 340 Cr.P.C. need not be initiated as a matter of course but
after considering the gravity of false statement. It was held that
contrary statement as to contents of panchnama or mahazar by
attesting witness does not make him liable for prosecution. It is not in
all cases when witnesses speak falsehood that action shall be initiated
against him for perjury by invoking Section 340 of Cr.P.C. There must
be prima facie satisfaction on the part of the Court that such a
proceedings should be initiated 'for the interest of justice' and that there
is prima facie evidence to come to the conclusion that false evidence
Probate Case No. 84/2007 Page 16 of 17
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has been tendered. In the absence of those conditions, the court will
not be justified in proceeding with the matter.
Madhvi Amma Bhawani Amma And Ors vs Kunjikutty Pillai Meenakshi Pillai And ... on 27 April, 2000
"This sub-section reveals two things, first adjudication
is in a summarily proceedings and secondly if the
question of law and fact are intricate or difficult, it could
still grant the said certificate based on his prima facie
title. In other words the grant of certificate under it is
only a determination of prima facie title. In other words
the grant of certificate under it is only a determination
of prima facie title. This as a necessary corollary
confirms that it is not a final decision between the
parties. So, it cannot be construed that mere grant of
such certificate or a decision in such proceedings
would constitute to be a decision on an issue finally
decided between the parties. If that be so how could
principle of res judicata be made applicable to a case in
a subsequent suit? The effect of such certificate is also
laid down in Section 381 which is quoted hereunder:-