Showing : 31-40 of 113 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Death of defendant - Legal representatives - O.22 CPC stipulates the manner in which LRs of party ought to be brought - Prescribed procedure cannot be circumvented by filing application U.O.1.R.10 & u/s 151 CPC - Since no steps were taken to bring on record LRs of deceased defendant either in..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85-- Second anticipatory bail application - Maintainability - Petitioner has no case on merits - After dismissal of first anticipatory bail application, petitioner failed to point out any change much less material change in circumstances of case - Second anticipatory bail application, held, not..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439-- Second bail application - Ground of parity - Recovery of huge commercial quantity of ganja - First application of bail has been dismissed on merits - Ground of parity is not available to accused because of recovery of huge commercial quantity of ganja - Moreover, case of accused is different from..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Second application filed during pendency of first application - Withdrawal of first application - Not a ground to dismiss the second application as it is not necessary to take permission of Court to withdraw that application...........
CHHATTISGARH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Second marriage by wife during subsistence of her first marriage - Claim of maintenance from second husband - Second marriage is void u/s 11 of Hindu Marriage Act - There is no dispute between parties as regards the existence or validity of first marriage of wife - Second husband not..........
DELHI HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167, Unlawful Activities (Prevention) Act, 1967, Section 43D-- Bail - Extension of period of detention beyond 90 days - Accused pleaded that report of Public Prosecutor was separately attached and it means that report was prepared first and it is not based on contents of extension application - Plea rejected as it is possible to author a document and based on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Second application - Held, maintainable when first application was dismissed being vague as there were no allegations as to how the defendants are out to dispose of the property and in the second application numerous instances are mentioned alongwith prima facie proofs..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Execution - First execution application dismissed in default - The same was not decided and adjudicated on merits - Held, second execution application not barred by principle of res judicata...........

Showing : 31-40 of 113 Results