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SUPREME COURT OF INDIA

Year of decision: 2017
Details

Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6, 7, 8, 9, Indian Penal Code, 1860, Section 366A, 372, 34 -- Offence u/ss 3 to 9 of Immoral Traffic Act and Ss.366-A, 372, 34 IPC - Quashing of proceedings - Proceedings cannot be quashed merely on ground that I.O. who conducted the investigation was not authorized to do so under the provisions of Immoral Traffic..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 8 -- Motive - Where direct evidence is worthy of credence and can be believed, then question of motive does not carry much weight...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 8, 10, 12, 13(2), 13(1)(d) -- Criminal Conspiracy - Illegal gratification - Quashing of charge - Prosecution failed to prove guilt of accused - There is no material evidence on record in order to bring home the charge of conspiracy against accused - No direct or circumstantial evidence to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Punjab Agricultural Produce Markets Act, 1961, Section 33(4)(1), Punjab Agriculture Produce Markets (General) Rules, 1963, Rule 6, 8 -- Promotion - Suspension of resolution - Petitioner was promoted to post of Clerk vide Market Committee Resolution and on such date, petitioner neither possessed experience nor had qualified type test - Petitioner pleaded that he had..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement has taken objection with regard to suit being premature on ground of no, invoking of arbitration clause - Petitioner did not move any application u/S.8 of Act before filing of written statement - Such application..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Once written statement was filed, it amounted to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Issues were framed and trial Court proceeded with case..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Merely on account of no, filing of replication, Court cannot draw a conclusion that assertion made has remained unchallenged...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Haryana Subordinate Courts Establishment (Recruitment and General Conditions of Service) Rules, 1997, Rule 8(2) -- Probation of Persons Appointed to service - Notice - Rules do not provide for giving any opportunity like issuance of notice before invoking Rule 8(2)...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Hindu Succession Act, 1956, Section 8 -- Succession - Property of male Hindu, dying intestate, shall devolve according to provisions as: (a) firstly, upon heirs, being relatives specified in class I of Schedule, (b) secondly, if there is no heir of class I, then upon heirs, being relatives specified in class II of Schedule, (c) thirdly, if there is no heir of any of two..........

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