Showing : 41-50 of 7871 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 15 days in filing first appeal - Delay can be condoned as meritorious matters cannot be thrown at the verge of technicalities - Moreover, delay can be condoned subject to payment of adequate costs by petitioner in terms of S.35-B CPC - Delay condoned subject to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified - If view taken by trial Court is a possible view even if two views are equally balanced, it..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified - If view taken by trial Court is possible view, even if two views are equally balanced, it need..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Matter compromised in Lok Adalat during pendency of appeal - Cheque, issued in pursuance of such compromise, dishonoured - Complaint filed u/s 138 of the Act - Settlement of matter in Lok Adalat was in acknowledgment of liability of accused to complainant -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 378, 386-- Appeal against acquittal - While considering order against acquittal, Appellate Court should not interfere where view taken by trial Court is not unreasonable or perverse...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Chhattisgarh Rent Control Act, 2011, Section 13(2), Constitution of India, 1950, Article 246- - Appeal directly to Supreme Court - Constitutional validity of S.13(2) of the Act - State cannot enact a legislation providing an appeal directly to Supreme Court, as that would amount to entrenching upon jurisdiction of Union, which State legislature does not have - S.13(2) of the Act, which..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 374, 386-- Appeal against conviction - Disposal of appeal filed by accused without record of trial Court, which was lost during pendency of appeal is not sustainable - Order of High Court set aside - Matter remanded back to High Court for hearing appeals afresh after reconstruction of record of trial Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304-- Bail during pendency of appeal against conviction - Offence u/ss 498-A, 304(Part I)PC - Accused already suffered incarceration for a period of approximately 27 months out of a total sentence of 10 years R.I awarded by trial Court which is affirmed by High Court - It is thus, a fit case to grant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 228-- Defective charge - Objection about a defective charge, without any evidence of prejudice cannot be raised first time in appeal before Supreme Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Pendency of an appeal by defendant did not preclude plaintiff from depositing amount in proof of his readiness and willingness, particularly when there is no stay by appellate Court of decree under appeal to justify no, deposit during pendency of..........

Showing : 41-50 of 7871 Results