Showing : 2151-2160 of 9191 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 22-- Death of one of plaintiffs - Substitution of LR - Suit filed by firm through its proprietor - Suit on behalf of deceased plaintiff can continue even without impleading his LR, in view of State amendment in CPC - However, without dilating to the question as to what would be the impact of death of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125-- Eviction - Mesne profit - From date of eviction order - Delay in filing application - Landlord would be entitled to reasonable compensation from date of eviction order where application is moved without inordinate delay - Otherwise, he would be entitled to mesne profits only for 3 years preceding..........
TRIPURA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 23(c), 25, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - 60 kgs ganja recovered from vehicle of accused - There is sufficient material on record to prima facie proceed against accused `D' and `B' as they are owner and driver of vehicle from where contraband is recovered - Moreover, where commercial quantity of ganja is involved..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 63, 65(c)-- Secondary evidence - Photostat copy - Not stated in application that it is true reproduction of the original - It cannot be considered as secondary evidence when there is no proof of accuracy of the photostat copy or of its having been compared with or being reproduction of original - Moreover..........
TRIPURA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 23(c), 25, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Recovery of 60 kgs ganja - Statement of co-accused against other co-accused is very weak piece of evidence and requires corroboration, therefore, only evidence available against accused `L' is statement of co-accused `B' - Accused `L' is entitled to bail - Application allowed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Denied merely on the ground that wife was proceeded ex-parte in petition u/s 9 of Hindu Marriage Act - However, an application for setting aside ex parte decree was filed by wife and matter is still pending - Court wrongly disallowed maintenance to wife - Order of maintenance..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - While considering application for cancellation of bail, Court is to consider gravity and nature of offence, prima facie case against accused, position and standing of accused - If there are very serious allegations against accused, his bail may be cancelled even if he has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 406, 498A-- Cancellation of bail - Offence u/ss 406, 498-A IPC - Allegations in FIR disputed questions of facts and same can be decided during trial - Case is fixed for recording of statements of PWs - Challan has been presented and charges framed - Bail granted to respondent No.4 cannot be cancelled simply..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 308, 323, 325, 506, 34-- Compounding of offence - Offence u/ss 308, 323, 325, 506, 34 IPC - Dispute between parties resolved amicably - Compounding applications are supported by joint compromise duly signed by parties - Injured witness not interested in prosecuting the accused - Although S.308 IPC is no, compoundable..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Petition by husband - Petition decided ex parte for non filing of reply by wife - Moreover, wife had herself deserted her husband without any reason and rhyme - Order allowing application, upheld...........

Showing : 2151-2160 of 9191 Results