Showing : 31-40 of 92 Results

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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Second appeal - Plaintiffs had moved an application for leading additional evidence before first appellate court however, they did not raise any argument before first appellate court on basis of facts, as mentioned in application for leading additional..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Second application - First application rejected on technical ground because examination-in-chief of PW1 was not recorded by that time - Second application, filed after completing cross-examination of PW1, is permissible and not barred - Application rightly..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Second application - First application dismissed as withdrawn - Not an absolute bar in making an application for anticipatory bail at a subsequent stage particularly when there is change in circumstances...........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Second application - First application dismissed as withdrawn - In exceptional circumstances even in the absence of change of circumstances, a second application for anticipatory bail is maintainable after withdrawal of earlier application, provided Court is satisfied that..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Sufficient cause - Governing principles - (i) There should be a liberal, pragmatic, justice-oriented, no, pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged to remove injustice;..........

Showing : 31-40 of 92 Results