Showing : 2941-2950 of 44292 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Production of documents - Three sale deeds and documents of competency to execute these documents i.e. General Power of Attorney and Special Power of Attorney sought to be produced - Trial Court committed error in not appreciating interlinking between these documents - Even though Civil Court has..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Capability of person to adduce evidence by himself on disputed fact is not the test to decide whether he is necessary party or not...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472-- Complaint u/s 12 of PWDV Act - Limitation - Wife subjected to domestic violence soon after her marriage and continued even till the year 2014 - Complaint filed in the year 2014, itself cannot be said to be barred by S.468 Cr.P.C, as it is a case of continuing offence as defined u/s 472 Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for cancellation of sale deed and permanent injunction - Amendment sought at the stage of defendant's cross-examination - Suit filed in 2008 - Defendant seeking amendment to incorporate the incident of 2016 in 2017 - He failed to explain inordinate delay of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Common intention - Appeal against conviction - Merely because accused `B' and `K' during jostling has caught deceased does not evidence any common intention in the form of facilitation of crime by accused `R' - Accused `B' entitled to benefit of doubt - Conviction of accused `B' set aside..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Kidnapping and rape - Quashing of proceedings - Though on the basis of statement by prosecutrix and her mother, possibility of accused being acquitted cannot be ruled out - But at the same time, possibility of conviction can also not be ruled out as trial is still on and further evidence is to be..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and permanent injunction - Amendment sought to seek a decree of declaration of ownership and possession over C schedule property - Though new plea is sought to be raised by plaintiff but it cannot be found that plea sought to be raised is totally..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Discovery of document - Maintainability - Suit for partition and separate possession - Plaintiffs filed suit claiming suit property as ancestral - It is their bounden duty to prove the same by adducing oral and documentary evidence - Admittedly, in present case trial has not begun - Therefore, no..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 34, 304-- Nature of offence - Murder case - As per evidence on record, act of stabbing was preceded by discussion to sort out some dispute between deceased and accused `R'- Only single stab wound was inflicted which shows that there was no premeditated attack - Hence, where act took place upon sudden..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Discovery of document - Maintainability - Suit for partition and separate possession - Defendants alleged that plaintiffs are in possession of original deeds but failed to file any material to the same - Fact that the suit property is ancestral and plaintiffs clearly stated that they are not in..........

Showing : 2941-2950 of 44292 Results