Showing : 5981-5990 of 39968 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 366, 376-- Kidnapping and rape of 18 years old girl - Taking prosecutrix forcibly on scooter to bus stand and from there to Naina Devi temple - No alarm raised by prosecutrix even though visiting different places on scooter and on public transport - No signs of any force was seen by medical officer and there..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 506-- Rape - Sole testimony of Prosecutrix - Story of rape as narrated by prosecutrix belies in the absence of any mark of injury on external or internal part of body of prosecutrix - Person to whom prosecutrix immediately informed the incident, did not accompany her to police station and not examined..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - Material facts - It is essential that all basic and primary facts which must be proved at the trial by the party to establish the existence of cause of action or defence are `material facts' and must be stated in the pleadings by the party...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Delay - Defence struck off - Order of trial Court is conspicuously silent as to why Court not extended time for filing written statement even if same is not filed within statutory period, particularly when defendants were never directed to file written statement - If defendants..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10, Trade Marks Act, 1999, Section 134(2)-- Trade mark - Jurisdiction - Return of plaint - Material fact pleaded by plaintiff that defendants are conducting, soliciting, rendering the impugned services under the impugned trade name within the jurisdiction of Court - Plaintiff also averred that it has a corporate office in Delhi and part of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - If additional evidence is essential for just decision of case, it can be allowed at any stage of the suit - There is no hard and fast rule that additional evidence cannot be permitted in any eventuality after closing of evidence by defendant and at the stage of rebuttal..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Bail - Recovery of 100 gms intoxicant powder - Police official who conducted search and seizure was not holding the rank of ASI and he was only granted ad hoc promotion/rank of ASI and drawing salary for the post of head constable - He was thus, not competent to exercise powers specified u/ss 42,..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Cruelty upon wife - Business partner of husband - Does not come within purview of S.498-A IPC - Proceedings against applicant quashed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Examination of Ahlmad of Court along with record of criminal case wherein original Will and sale deed are stated to be attached - Production of said additional evidence would certainly not cause any prejudice to defendants - Moreover, defendants would also have an opportunity..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Counsel for plaintiff not present - Counsel for defendant present - Plaintiff did not adduce any evidence and claim of plaintiff not admitted by defendants - In such a situation suit can only be dismissed by invoking O.9.R.8 CPC - Plaintiff thus can seek restoration of suit..........

Showing : 5981-5990 of 39968 Results