Showing : 131-140 of 6677 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 374-- Appeal against conviction - Defence evidence not discussed by High Court while passing order on merits in appeal - However, accused cannot blame High Court for this, since he failed to appear before High Court when matter was taken up for hearing - In the interest of justice accused is given..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 97, Order 7, Rule 7-- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High Court formulated six substantial question of law - High Court committed an error as it framed two additional questions in the judgment itself - It caused prejudice to the rights of the parties who suffered the adverse order, as it had no knowledge about framing of two..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Framing of additional questions - High Court though had jurisdiction to frame additional questions by taking recourse to S.100(5) Proviso CPC but it was subject to fulfilling three conditions i.e: (i) such questions should arise in appeal; (ii) assign reasons for framing additional..........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Appeal against - Accused probabalised her defence - Acquittal calls for no interference...........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313-- Dishonour of cheque - Acquittal - Appeal against - Plea that trial conducted in arbitrary manner as statement of accused not recorded u/s 313 Cr.P.C. - Prejudice if any, for non recording of statement u/s 313 Cr.P.C. is caused to accused and not to complainant - Contention rejected...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B, 13-- Divorce by mutual consent - Compromise during pendency of appeal filed against dismissal of petition for divorce - Petition for divorce by mutual consent filed - Appeal ordered to be converted into petition for divorce by mutual consent - Statement of parties recorded - Six months waiting period..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 449, Arms Act, 1959, Section 3, 25(1B)(a), Evidence Act, 1872, Section 3-- Appeal against conviction - Offence u/ss 302, 449 IPC and Ss.3, 25(1-B)(a) Arms Act - Appreciation of evidence - As per evidence on record, there is apparent contradictions and inconsistencies in statement of eye witnesses on material points - Even, their deposition is not in consonance with..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary injunction - Granted against defendant trust not to interfere with plaintiff's right of seva puja of deities - Order set aside in appeal - Admittedly, plaintiff trust was registered with due process - Right of seva puja was conferred on trust - Possession of trust established on record..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for possession - Defendant is in possession of suit property since the time of his forefathers - Finding recorded by learned Courts below being finding of facts require no interference - No substantial question of law involved - Second appeal dismissed...........

Showing : 131-140 of 6677 Results