Showing : 51-60 of 806 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 294, 34-- Quashing of FIR - Cheating - Criminal breach of trust - FIR of case prima facie discloses commission of cognizable offences by accused - It cannot be said that dispute in question is of purely civil in nature - Investigation of case is at initial stage - Court is thus, bound to allow investigation..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Change in the nature of relief - It is not change in nature of suit...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 16-- Striking out pleadings - Object - Every party to suit should state in its pleadings material facts in intelligible form without causing embarrassment to its adversant - Thus, power to strike out pleadings is extraordinary in nature and must be exercised by Court with extreme care, caution and..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406-- Cheating - Loan transaction - Dispute between parties is purely civil in nature regarding recovery of loan amount - Remedy available to complainant is to file money suit in competent civil Court - Moreover, loan given to accused only for a period of 2 years - However, FIR came to be lodged after a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 447, 427, 379, 506, 148, 149-- Offence u/ss 447, 427, 379, 506, 148, 149 - Admittedly, there is land dispute between parties - Even, as per cross-examination of caretaker of disputed land, it shows that there is no Khasra girdawri in name of complainant or his name - Moreover, neither he knows four sides of disputed land nor he..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Eviction petition - Omission on the part of tenant or his counsel to know next date fixed in the case clearly appears to willful in nature - Record reveals that counsel of tenant present on the date fixed for hearing - But no such challenge regarding presence of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - No document on record with regard to title of plaintiff over suit property - Suit property purchased by brother of plaintiff and he did not authorize plaintiff to file civil suit - Plaintiff failed to establish nature of possession - Concurrent findings of Courts that..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Substitution - Probate proceedings - `M' through his power of attorney filed a probate petition qua Will 1990 - During pendency of proceedings `M' died - Power of attorney of `M' seeking his substitution in probate proceedings on the basis of Will 2007 executed by `M' in his favour - Since nature..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Marking of document - Marking of document involves two aspects, one is procedural and the other is substantial - Procedural aspects relate to nature of document primary or secondary and once marked without objection on the procedural aspects, later it is not left open - As regards substantial..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154-- Second FIR - Maintainability - Earlier FIR closed by Assistant Commissioner of police on the ground that dispute is of civil in nature - Registration of second FIR in respect of same offence is not permissible...........

Showing : 51-60 of 806 Results