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Results of appeal dismissed

Showing : 341-350 of 1866 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2015
Details

Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), Civil Procedure Code, 1908, Order 21 -- Rent and eviction - Arrears of rent - Non-payment within statutory period - Execution - In appeal, tenant contended that there is typing error in order of Rent Controller with regard to commencement of period for payment of arrears - However, proper course is to first..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 96 -- Appeal - Suit dismissed in default - Maintainability of appeal - Dismissal of suit for absence of plaintiff and for want of evidence is not in the nature of a decree, as rights of parties are not adjudicated - Appeal against same does not lie u/s 96 CPC - Appeal, held, not maintainable...........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned -..........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 13, Rule 9 -- Ex parte decree - Setting aside - Appeal against ex parte decree dismissed as not pressed - Withdrawing appeal or not pressing the appeal, is one and the same as in both the cases, there would be no order on merits - Since not pressing appeal would come under the purview of `withdrawal', it enables the party to invoke..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Doctrine of merger - Decree passed by trial Court when affirmed merges in appellate decree - However, if first appeal is dismissed U.O.41.R.11 CPC, principle of merger would not apply and it would be the Court of first instance which would have jurisdiction to exercise power u/s 152 CPC...........

DELHI HIGH COURT

Year of decision: 2015
Details

Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Production of bank account statement - Murder case - Accused did not opt to bring forth any evidence in his defence - Nor he took any steps for leading additional evidence during course of trial - An effort is made to introduce new facts which is afterthought and has been raised for..........

UTTARAKHAND HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Three suits for declaration filed in respect of same land - Two suits of respondents decreed and such decree attained finality as petitioner failed to prefer any appeal against the same - However, suit of petitioner dismissed and an appeal filed against the same - Since decree in favour of respondents attained..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Limitation Act, 1963, Section 14, Customs Act, 1962, Section 128 -- Exclusion of time - Time taken in prosecuting an abortive proceeding would have to be excluded as the appellant was prosecuting bona fide with due diligence the appeal before CEGAT which was allowed in its favour by CEGAT though the same is dismissed as the CEGAT had no jurisdiction to entertain such..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Evidence Act, 1872, Section 27 -- Recovery of opium - Disclosure statement - Accused pleaded that he was in custody in connection with FIR No.95 and while in custody, he suffered a disclosure statement and led to discovery of contraband articles regarding said FIR and said statement cannot be taken aid of..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- Plea of juvenility - Accused was less than 18 years at the time of occurrence, thus, he declared as juvenile on the date of offence - Though offence u/ss 302, 377 IPC, proved against juvenile but he cannot be detained for more than three years under JJ Act - Since accused is in jail much more than..........

Showing : 341-350 of 1866 Results