Showing : 91-100 of 7747 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 374-- Appeal against conviction - Dismissed in default in absence of counsel for appellant/accused - First Appellate Court supposed to hear the matter on merits and could have put up the matter for some other day or still if counsel was not appearing to argue the appeal then counsel from Legal Aid..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 27, Rule 8A, Civil Procedure Code, 1908, Order 41, Rule 5, 6-- Stay application filed by Government - O.27.R.8-A CPC may exempt Government from furnishing security for seeking stay of execution of money decree - It, however, does not provide that decretal amount cannot be required to be deposited in appeal against a money decree...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of suit - Death of one of plaintiffs - Non-impleadment of LRs of deceased plaintiff - When right to sue survives, there is no question of abatement of entire suit/appeal on the ground of no, impleadment of legal heir of deceased plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Guardians and Wards Act, 1890, Section 7, 12-- Custody of minor - Child directed to be admitted in boarding school by High Court - Marital discord between parents - Appeal against the order of Family Court that custody of child is given to mother till she reaches age of 11 years is pending before High Court awaiting final decision - High Court..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Non-appearance of accused - Appeal not to be decided on merits without issuing second notice to accused or High Court Legal Services Committee to appoint an advocate or High Court could have taken assistance of amicus curiae - Impugned order..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 372, 378-- Appeal against acquitted - Leave to appeal - There is no need for a victim to apply leave to appeal against order of acquittal while preferring an appeal u/s 372 Proviso Cr.P.C, as he has a right to file appeal against order of acquittal...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Issue of jurisdiction and fraud - Objections not within the framework of S.47 CPC - Such objections to be raised in appeal alone - Since J.D. availed all the appeal opportunities, lead to conclusion that presumably they raised the issue of jurisdiction and fraud also but..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 386, 482-- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence suo moto - Such power should be exercised sparingly and in exceptional circumstances and this power should not be exercised without issuing notice to accused - Notice not to be an illusory notice...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 386, 482-- Appeal against conviction - Enhancement of sentence - Notice to accused - Notice given to accused during course of hearing - However, it is not clear whether such a notice was an oral notice or a notice in writing - Such a notice would not satisfy legal requirements - Any notice for enhancement..........

Showing : 91-100 of 7747 Results