Showing : 71-80 of 253 Results

ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Time essence of contract - It is mentioned in the agreement that when plaintiff asks defendant then defendant would receive Rs.1 lac as balance consideration and execute the sale deed - These words clearly indicate the intention of parties were not to limit the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Discretionary relief - First Appellate Court considered facts and circumstances and found that performance of contract would involve more hardship to defendant whereas its non performance would involve no such hardship to plaintiff and that specific performance would be..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(1)-- Counter claim - Separate decree not required to be drawn if counter claim is decreed as counter claim is not required to be registered as a separate suit - Whenever a set-off or counter-claim is allowed, the decree shall state what amount is due to the plaintiff and what amount is due to the..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, General Clauses Act, 1897, Section 8-- Benefit of probation - Applicability of two Statues - Scope of S.4 of 1958 Act is wider than S.360 Cr.P.C. - Two statues with significant differences cannot be intended to co-exist at the same time in same area - Such co-existence would lead to anomalous results - However, by virtue of S.8(1) of..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4-- Dowry death - Cruelty - Demand of dowry - General allegations without any date and time of incident of demand of dowry - There is absolutely no material to connect accused with demand of dowry, cruelty, harassment to constitute the alleged offence - Statement of PWs no.1 & 2 are self contradictory..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 302, 304-- Nature of offence - Deceased died due to homicidal injuries caused by accused persons - Evidence on record that act committed by accused was without intention of murder, without use of any formal weapon and without any pre-planning - Accused willfully caused injuries to deceased without properly..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 377-- Unnatural offence - Quantum of sentence - Accused about 22 years of age and suffered agony of trial and pendency of proceedings for a long time - No criminal history of accused is on record - No useful purpose would be served in keeping the accused in imprisonment for long period of 7 years -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Detailed and speaking order is not required to be passed at the time of taking cognizance u/s 190(1)(b) Cr.P.C. - However, a detailed and speaking order is required to be passed while taking cognizance u/s 190(1)(a) Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Will -- Proof - Affidavits of marginal witnesses - Ex parte evidence of witnesses can be by way of affidavit as per O.19.R.1 CPC (As applicable in U.P.) - Requirement of Will being proved stood discharged - Since defendant failed to challenge the same, Will, held, proved. (Civil Procedure Code, 1908,..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 12(1)-- Application u/s 12(1) of Act - Divorced wife - Maintainability - A divorced wife who has been subjected to domestic violence during continuation of marriage or domestic relationship may move an application u/s 12(1) of Act for appropriate relief - Application, held, maintainable...........

Showing : 71-80 of 253 Results