Showing : 181-190 of 7271 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Suit for declaration of title and permanent injunction - High Court examined issue of ownership of plaintiff without framing any substantial question of law regarding same - It was necessary for High Court to have proceeded to examine..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted one chance to..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Probation of Offenders Act, 1958, Section 5-- Compensation order - Appeal - No appeal lies against compensation order passed u/s 5 of the Act - Appeal dismissed being not maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Dismissal of appeal "as not pressed" - Right of appeal is a valuable right of a litigant - He is entitled to prosecute this right as it enables him to seek adjudication of issues on merits, which are subject matter of appeal by Appellate Court - Appellant can, however, forgo such right but it has..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5-- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same has..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Dismissal of appeal "as not pressed" - Neither there was any express prayer made by appellant and nor it could be inferred from document relied on by Division Bench at the instance of respondents for forming an opinion "not to press the appeal" - Opinion formed by High Court for dismissing appeals..........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 19(1)-- Appeal - Maintainability - An order of family Court either allowing or dismissing an application for temporary injunction, is an interlocutory order - No appeal therefore, lie against such order in view of provision contained in S.19(1) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(3)-- Appeal against acquittal - Rejection of leave to appeal - Unreasoned order - Application for leave to appeal dismissed by High Court without assigning any reason - It was a clear case of no, application of mind, because impugned order neither sets out facts nor submission of parties nor findings..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B-- Decree of divorce by mutual consent - Plea of fraud taken by wife - Appeal - Maintainability - Wife contended that decree of divorce by mutual consent obtained by husband by playing fraud - It will be a question of law and fact to determine whether mutual decree of divorce had been obtained by..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 10, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section 96-- Dismissal of application U.O.22.R.3 CPC - Miscellaneous appeal against dismissal of an application U.O.22.R.3 CPC is not maintainable...........

Showing : 181-190 of 7271 Results