Showing : 1191-1200 of 3567 Results

RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4-- Dishonour of cheque - Conviction - Release on probation - While convicting accused for offence u/s.138 of N.I. Act, Magistrate ordered for his release by extending the benefit u/s.4 of Probation of Offenders Act - Held, while granting benefit of S.4 of the Act, it is not incumbent on Magistrate to..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Supply of electricity - Supplementary bill - Quashing of - Validity - Plaintiff challenged supplementary bill by submitting that despite the fact that the meter was burnt, it was recording correct consumption - Plaintiff did not request respondent Board to send meter to Electrical..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - An order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by the court/tribunal on a point of fact or law - In any case, while exercising the power of review, the court/tribunal concerned cannot..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, Constitution of India, 1950, Article 136-- Special leave to appeal - Review - Doctrine of merger - Held, jurisdiction, conferred by Art.136 of the Constitution, is divisible into two stages - First stage is up to disposal of prayer for special leave to file an appeal - Second stage commences if and when leave to appeal is granted and..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498, 306, 34, Evidence Act, 1872, Section 113(A)- - Cruelty - Abetment to suicide - Presumption u/s.113 (A) & (B) - Drawing of - Held, it is duty of Court to draw presumption - But presumption cannot be drawn with blind eyes - In such type of cases evidence of witness is very important - In present case, it is not proved beyond reasonable doubt on..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 389, 432, Rajasthan Prisoners Release on Parole Rules, 1958, Rule 1(c), 3-- Suspension of sentence - Release on parole - Powers of judiciary & executive - Held, powers assumed to itself by State Government under the parole rules cannot be exercised so long as an appeal by a convicted person is pending and judicial function is not complete - Parole relates to executive..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138- - Limitation Act, 1963, S.5 - Dishonour of cheque - Complaint - Condonation of delay in filing - Applicability of S.5 of limitation Act - Held, provision of S.5 of Limitation Act is applicable only to an appeal or an application/petition - It cannot be applied to extend period of original..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Non bailable warrant pending against accused - Dismissal of complaint u/s.256 Cr.P.C. - Validity - Held, where complainant is represented by a pleader or by officer conducting prosecution or where Magistrate is of opinion that personal attendance of complainant is..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Offer of payment of money or possession of money - Finding as to - When becomes question of law? - Held, whether a person has offered the money or whether a person was in possession of money to make a valid offer is a pure question of fact - But..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Motor Vehicles Act, 1988, Section 166-- Accident - Claim petition - Rejection of - Validity - `K' who also received injuries in occurrence has not been examined by claimant - Claimant has not cared to prove the fact that vehicle of respondent was damaged and as such he is unable to prove that tractor is offending vehicle - No doubt,..........

Showing : 1191-1200 of 3567 Results