Showing : 171-180 of 7342 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - While reversing a finding of fact appellate court must come into close quarters with the reasons assigned by the trial court and then assign his own reasons for arriving at a different finding - When appellate court agrees with views of trial court on evidence, it need not restate..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 9, Civil Procedure Code, 1908, Order 44, Rule 1-- Leave to appeal as an indigent - Delay in filing appeal - An appeal accompanied by a delay petition is a valid appeal registered on the date of filing and is to be numbered - The above rule applies equally to indigent appeal U.O.44.R.1 of CPC...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 9-- Leave to appeal - Delay in filing - Condonation of delay - Question arose as to whether appeal to be numbered on date of filing or to date of condonation - Held, a valid appeal is registered on its filing for all practical purposes even if appeal and C.M.C.(P) are accompanied by a petition to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Against a family member who is in joint possession of property - Maintainability - Property belongs to mother - She permitted both sons to reside in the same house jointly but executed Will in favour of plaintiff only - Once it is established that defendant has no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Will-- Suspicious circumstances - Executant not identified by any of the attesting witness - There is no requirement that executant must be identified to the attesting witness by some one else - Further, plea that executant was not accompanied by any relative does not create doubt about correctness of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58-- Facts admitted need not to be proved - Suit for partition - Defendant No.1 admitted the claim of the plaintiff, however, case remained pending for consideration - Court granted time to parties to enter into compromise but no settlement could be arrived - Thus, plaintiff filed an application to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 148, 149-- U, lawful assembly - Common object - Once all six accused were acquitted by Sessions Judge and no appeal was filed by State against said order, High Court was not justified in convicting A-1 u/ss 148, 149 IPC - Conviction and sentence of A-1 set aside...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Land Acquisition Act, 1894, Section 4-- Acquisition of land - Notification u/s 4 of the Act - Challenge as to - Intra Court appeal - Division Bench dismissed intra Court appeal without dealing with any of issues arising in case and submissions urged by appellant - Once intra Court appeal involves factual and legal issues, it was..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Practice and Procedure-- Appeal against conviction - Duty of High Court - It is necessary for High Court to go through the record to satisfy as to whether the conviction is properly recorded or not...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Doctrine of merger-- When a higher forum entertains an appeal and passes an order on merit, doctrine of merger would apply - Doctrine of merger does not make a distinction between an order of reversal, modification or an order of confirmation passed by appellate authority...........

Showing : 171-180 of 7342 Results