Showing : 131-140 of 448 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Consumer Protection Act, 1986, Section 23, Constitution of India, 1950, Article 226-- Writ petition under Art.226 COI is not maintainable against order passed by National Commission - Once legislature has provided for statutory appeal to higher Court, it cannot be proper exercise of jurisdiction to permit parties to bypass statutory appeal to higher Court...........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 324, 504, 506-- Private complaint - Conviction - Sentence - Enhancement sought by complainant by filing appeal - Lower appellate Court has entertained and decided the same - Held, lower appellate Court has exceeded its jurisdiction - After 2009 appeal for enhancement of sentence could have been filed by..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100-- U.P.Z.A.L.R. Amendment Act, 1956 - Second appeal - Suit for possession of agricultural land filed in 1954 i.e. before 28.05.1956 - Held, it was maintainable before Civil court and even after amendment of the Act w.e.f. 28.05.1956 Civil Court retained the jurisdiction to decide the suit...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Dismissal of - Validity - Case of respondent/complainant that cheque given by petitioner/accused on account of transaction that took place between parties got dishonoured - Petitioner has not paid any amount after receiving notice from respondent - Lower Court..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Constitution of India, 1950, Article 226-- of COI to set aside acquittal of accused in a criminal trial - Suo motu exercise of writ jurisdiction by High Court under ,Art. 226 - Trial conducted depicts monstrous perversities and gross abuse of process of law - Appeal not filed - High Court can suo motu exercise writ jurisdiction to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Succession Act, 1925, Section 63, Civil Procedure Code, 1908, Section 100-- Validity of Will - Second appeal - Held, question regarding determination of validity of Will is essentially a question of fact - High Court in exercise of jurisdiction in second appeal u/s.100 CPC will not embark upon an exercise of re-appreciation of evidence - Interference would be warranted..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Limitation Act, 1963, Section 5-- Restoration of appeal dismissed in default - On bifurcation of State matter pertaining to territorial jurisdiction of Uttarakhand High Court transferred from Allahabad High Court - After transfer of matter, notice not issued to parties - Restoration application filed after delay of 10 years -..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14, Constitution of India, 1950, Article 226, 227-- Taking possessions of secured assets - Exercise of power by District Magistrate/Chief Metropolitan Magistrate - Cannot be questioned by filing appeal under S.17 of Act - However right of judicial review under Art.226/227 of Constitution is not taken away - But power of judicial review can be..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13(4), 17-- Bar to Civil Courts jurisdiction - Enforcement of security interest - Civil suit challenging action of secured creditor in taking possession of secured assets under S.13(4) - Not maintainable - Remedy is to file appeal under S.17 of Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111-- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held, said finding..........

Showing : 131-140 of 448 Results