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Showing : 131-140 of 9984 Results

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Granted with conditions : (i) Deposit of fine amount of Rs.One lakh; (ii) Surety of one lakh; (iii) Two bail bonds of Rs.Fifty thousand each - Bail granted with excessive conditions amount to refusal to grant bail - Bail order modified - Bail to continue but conditions for..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - Appeal does not abate - Death of one of the partners does not foreclose the continuation of civil proceedings initiated by the firm...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - L.R's of deceased partner applied for their impleadment in substitution of deceased partner - There was no reason to decline such a prayer when application was moved in time without any other..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Criminal Procedure Code, 1973, Section 464 -- Omission/error in framing charge - Finding and sentence of Court cannot be invalid merely on the ground of error in framing charge or omission in framing charge - Finding and sentence will be invalid only if in opinion of Court of appeal, error or omission has occasioned failure of justice...........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Clean hands -- Application to set aside appeal dismissed in default - False story set up by appellant - Court should not come in aid to such a party to allow him to reap the fruits of false and frivolous explanation to get the order of dismissal of appeal in default set aside. (Civil Procedure Code, 1908, O.41.Rr.17 & 19)..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 8, Rule 1 -- Appeal - Closure of right to file written statement - Same has direct effect on defendant if his reply is not to be considered - Impugned order can be termed as intermediary or interlocutory order - Defendant has remedy of filing an appeal u/s 19(1) of the Act of 1984...........

UTTARAKHAND HIGH COURT

Year of decision: 2022
Details

Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Rape - Conviction - Compromise during pendency of appeal - Victim solemnized marriage with accused - She is mature enough, as she is 22 years of age now - Strict interpretation to cut off provided under POCSO Act, should not be creating any obstacle as such..........

CALCUTTA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Question that a person is a necessary party is a question of fact depending upon the relief claimed in the suit - However, once it is established that said person is necessary party to the suit, it becomes a question of law and it can be raised for the first time in appeal...........

CALCUTTA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 99 -- Appeal - Non-joinder of necessary party by itself is a ground to reverse or substantially vary a decree in appeal or remand a suit after setting aside decree in an appropriate case...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed in default - Merely on account of non-appearance of counsel or accused before lower appellate Court/revisional Court, appeal/revision cannot be dismissed as it requires adjudication on merits...........

Showing : 131-140 of 9984 Results