Showing : 2501-2510 of 40781 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment be allowed, if (i) it does not cause injustice to other side; and (ii) it is necessary for purpose of determining real questions in controversy between parties...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Recovery of 25 gms heroine - Recovery effected from co-accused - Nothing recovered from petitioner - Moreover, petitioner already joined investigation and he is not required for custodial interrogation - No useful purpose will be served by sending him to custody - Anticipatory..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of declaration of ownership/title - Trial has not yet commenced and suit is coming for adduction of evidence - Merely on the ground of delay or limitation amendment of plaint cannot be rejected -..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 428-- Set off - Detention undergone by accused subsequent to date of conviction can only be a detention in execution of sentence awarded by Court pursuant to conviction - Said detention cannot be treated as detention for purpose of S.428 Cr.P.C. - Provision of S.428 Cr.P.C. is applicable only in respect..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - Suit not filed within 3 years of date of refusal by defendant held barred by limitation - However, plaintiff contended that recovery of possession also sought and in respect of same limitation is of 12 years - Contention..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Merits of averments sought to be incorporated by way of amendment is not to be judged at the stage of allowing prayer for amendment...........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 256(1)-- Non-appearance of complainant - Word `acquit' in S.256(1) Cr.P.C is of immense significance - Most important in S.256(1) Cr.P.C. is the mandate to Magistrate to acquit accused in case of no, appearance of complainant or death of complainant, unless for some reasons he thinks it proper to adjourn..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1-- Bar of subsequent suit - Once earlier suit for possession and injunction was decreed and appeal against the same was also dismissed, subsequent suit for permanent injunction in respect of same property cannot be maintained as per provisions of O.2.R.2 as well as O.23.R.1 CPC - Trial Court in case..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 256(1)-- Non-appearance of complainant - Acquittal of accused - If accused summoned by Trial Court at the stage of S.204 Cr.P.C. and complainant does not appear before Magistrate then, both in summons triable cases and in summarily trial cases, Magistrate has to acquit accused unless for some reasons he..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 256(1), 401, 378-- Non-appearance of complainant - Order of acquittal - Revision - Maintainability - If a complaint is dismissed prior to summoning of an accused, order may be challenged by way of filing a revision - But once S.256 Cr.P.C. comes into play dismissal of complaint has effect of acquittal of an accused..........

Showing : 2501-2510 of 40781 Results