Showing : 221-230 of 520 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 401(3)-- Acquittal - Revision against by private complainant - Revisional jurisdiction, when invoked by a private complainant against an order of acquittal, cannot be exercised lightly - It can be exercised only in exceptional cases where the interest of public justice require interference for correction..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High court has no jurisdiction to interfere with the findings of fact arrived at by the trial Court and the first Appellate Court, even if the same are grossly erroneous - The jurisdiction of the High Court in interfering with the judgments of the Courts below is confined only to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High court has no jurisdiction to interfere with the findings of fact arrived at by the trial Court and the first Appellate Court, even if the same are grossly erroneous - The jurisdiction of the High Court in interfering with the judgments of the Courts below is confined only to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High Court, has no jurisdiction to interfere with findings of fact arrived at by trial Court and first Appellate Court even if same are erroneous - Second appeal not to become a third trial on fact - Jurisdiction of High Court to interfere if there is substantial question of law...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Accused allegedly committed murder by firing on deceased - High Court ignored probative value of FIR and reliable testimony of eye witnesses - High Court reconstructed the evidence and decided the appeal on surmises - Appreciation of evidence not only faulty but based on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2009
Details
Specific Relief Act, 1963, Section 6(2), 6(3)-- Suit for possession and injunction - Main relief in the suit sought by plaintiff was for possession u/s 6 of the Act - Relief of injunction only an ancillary relief - Suit dismissed - Appeal of plaintiff accepted - Defendant in second appeal - Held, appeal for its maintainability must have the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Finding of facts - Interference with - Held, High Court has no jurisdiction to interfere with findings of fact arrived at by trial court and the first appellate court, even if, same are grossly erroneous, as legislative intention is very clear that legislature never wanted second..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Haryana Municipal Act, 1973, Section 253-- No appeal against the order passed by the Director Urban Local Bodies, Haryana is maintainable under the provisions of S.253 of the Act - Assuming the appeal was non statutory and maintainable, even then the same could be disposed of by the Special Secretary/Joint Secretary/Deputy Secretary i.e...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Arbitration Act, 1940, Section 30, 33-- Arbitration award - Setting aside - (i) In a case where an arbitrator travels beyond the contract, the award would be without jurisdiction and would amount to legal misconduct and because of which the award would become amenable for being set aside by a Court; (ii) An error relatable to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Hindu Marriage Act, 1955, Section 13(1)(i)(b)-- Divorce - Desertion - Decree granted by Court having no territorial jurisdiction - Objection with regard to territorial jurisdiction not taken in trial Court - Objection cannot be taken in appeal for the first time unless prejudice was caused to the aggrieved party...........

Showing : 221-230 of 520 Results