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Showing : 471-480 of 9984 Results

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Conclusion in second appeal was devoid of any independent finding on substantial question of law formulated by High Court itself - High Court committed error in not recording a finding on question of law formulated later - Judgment passed by High Court dismissing suit of plaintiff set..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - At the belated stage - Proposed amendment is not found to be necessary for the purpose of determining real question of controversy between parties - On the death of defendants when their LRs were brought on file, plaintiff could have asked for amendment at that stage but it was not done - Now,..........

KARNATAKA HIGH COURT

Year of decision: 2021
Details

Negotiable Instruments Act, 1881, Section 138, 118, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Through cross-examination of complainant, accused has establish that complainant had no financial capacity to lend and accused had no necessity to borrow from him - Even , accused has establish that cheque..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Consumer Protection Act, 1986, Section 2(1)(b) -- Consumer complaint - Maintainability of complaint - Objection as to maintainability of complaint not raised - Issue of maintainability of complaint goes to the root of case - Compliant found not maintainable on the bare assertions of complaint alone as such appeal against order dismissing complaint, dismissed...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal before NCLAT - Condonation of delay - Delay of 44 days in filing appeal - Limitation period prescribed to prefer an appeal is 30 days - There was delay of 44 days in preferring appeal, which was beyond the period of 15 days which maximum could have been condoned - NCLAT committed no error in dismissing appeal...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Criminal Procedure Code, 1973, Section 432, 433 -- Remission - Murder of two persons - Accused convicted and sentenced for more than one life imprisonment for causing death of two persons - It is a case of concurrent sentence and not a sentence of imprisonment consecutively - Such sentence of imprisonment is not the subject matter in an appeal before the competent Court -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 102 -- Second appeal - Recovery suit - Suit filed for recovery of Rs.40,910 - However, decreed amount is below Rs.25,000 and recovery is only for Rs.19,625, which is below the limit as prescribed u/s 102 CPC - Even, second appeal has no merit which would require consideration as a substantial question of law - Second appeal dismissed..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 103 -- Second appeal - Findings of fact - High Court empowered to exercise limited factual review u/s 103 CPC...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 100, 103 -- Second appeal - Findings of fact - High Court can interfere in findings of lower Court or concurrent findings of fact in two cases: (i) if findings of fact are palpably perverse or outrage conscience of Court; and (ii) where findings of fact may call for examination and be upset, in limited circumstances spelt out in S.103..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 100, 103 -- Second appeal - Findings of first appellate Court - High Court reversed the findings of first appellate Court after recording sound and convincing reasons - Appreciation of evidence by first appellate Court was on basis of it having overlooked material facts, such as appreciation of documentary and oral evidence led before..........

Showing : 471-480 of 9984 Results