Showing : 2111-2120 of 9074 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506-- Anticipatory bail - Rape - False promise of marriage - Accused had sexual intercourse with prosecutrix by giving false assurance of marriage but subsequently backed out from the same - Act of accused falls squarely under the definition of rape as he had sexual intercourse with prosecutrix by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 323, 301, 34-- Summoning of additional accused - Dowry death - Cruelty - Prosecution examined nine witnesses but nothing came on record regarding involvement of respondent No.2 - Role of respondent No.2 was already inquired/investigated into by investigating agency and he was found innocent - No evidence on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Muslim personal Law-- Does not apply to the agricultural land - However, a person would be only governed by the Muslim Personal Law in case, he makes an application seeking declaration that he will be governed by the provisions of the 1937 Act, only then, the provisions of S.2 of the 1937 Act would come into play...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment of description of plaint schedule property by way of insertion of Survey Number and Patta Number - Amendment sought after commencement of trial - Due diligence on the part of plaintiff is absence - In the absence of such a statutory mandate, application filed by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within 90 days - Extension of time - Defendant failed to file written statement earlier as documents which were needed to prepare written statement were not available - If some more time is granted, no prejudice will be caused to rights of plaintiff, as rights of..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Application u/s 12 of the Act - Magistrate has to consider the domestic incident report before passing any order - However, legislature has not made bar for taking cognizance i.e hearing of matter and issuance of notice prior to said report - Magistrate is not bound by the report only and can take..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within 90 days - Striking off defence - Written statement filed on the date when application for striking off defence was moved - No ground to strike off defence, as defendant was granted time to file written statement till that date and same has been filed on that..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Claiming right to enjoy the tenanted premises by providing reasonable access to tenants - Plea of inconvenience and breach of privacy by landlord - Plea rejected, as in case of conflict between inconvenience and right, latter would prevail - Right comes first,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte proceedings - Setting aside - Report of personal service and an endorsement of process server in this regard with signature of defendant - Absence of plea that endorsement does not bear his signatures - No averment that defendant has no cordial relations with other defendants who are his..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal for default - Restoration - There is no automatic restoration of interlocutory applications for the reason that reliefs sought for in the interlocutory applications were not germane for deciding the issues involved in the original petition, nor they were ancillary reliefs to the original..........

Showing : 2111-2120 of 9074 Results