Showing : 171-180 of 6751 Results

ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Order 26, Rule 9-- Second appeal - Report of local commissioner - Re-appreciation - Not permissible unless report is perverse or against preliminary decree...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Order 6, Rule 1-- Second appeal - New plea - Not permissible - As second appellate Court being required to delve into the issue of substantial questions of law is not required to entertain fresh plea of facts which was not agitated before Courts below...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Order 20, Rule 18-- Partition - Ancestral property - Plaintiff, brother claiming share over ancestral residential house standing on portion of suit land allotted in favour of defendant, brother - As per preliminary decree plaintiff and defendant allotted two equal shares without partition of house - More so, report..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, 35B, 2(2)-- Second appeal - Default in payment of costs - Dismissal of suit - Dismissal of suit for default on ground of no, payment of costs, cannot be termed as adjudication of suit on merits - Such order does not amount to decree - Second appeal, not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty by wife - Fact that husband was sent for medical examination by police and medical papers reveals that he was physically abused - The act per se is not sufficient to hold that wife caused cruelty to husband - Husband not entitled to divorce on ground of cruelty - Impugned order..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27-- Additional evidence at appellate stage - First Appellate Court committed error in disposing of application independently during pendency of appeal - Application U.O.41.R.27 CPC has to be decided along with appeal only - Impugned order set aside - Application restored...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition to deposit half of cheque amount or bank draft or FDR cannot be said to be unreasonable or harsh keeping in view of cheque amount and compensation awarded by trial Court - Petitioner is..........
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..........
DELHI HIGH COURT
Year of decision: 2018
Details
Suits Valuation Act, 1887-- Plaintiff claiming share in property left by his mother - Defendants, other sons and daughters, took plea that their mother executed Will in their favour while divesting plaintiff from suit property - Plaintiff clearly knew of execution of Will after demise of his mother but remained reluctant in..........

Showing : 171-180 of 6751 Results