Showing : 3001-3010 of 43381 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Until limitation period for filing an appeal is over, res remains sub judice - After limitation period is over, res decided by first Court would then become judicata...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Where period of limitation for filing an appeal not yet expired or has just expired, Court hearing second proceeding can very well ask party who lost first round whether he intends to appeal and if answer is yes, then it would be prudent to adjourn or stay second proceeding in order..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Subsequent suit raises an issue which is different from that contained in earlier suit filed by same party - More so, earlier suit declared valid a transaction which is prohibited by law - Such erroneous earlier judgment cannot operate as res judicata...........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 294-- Obscene words - Mens rea is essential part and if any word is uttered unintentionally it cannot be said that there is intention to commit any criminal act...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Guardians and Wards Act, 1890, Section 7, Civil Procedure Code, 1908, Section 11-- Custody of child - Modification of custody order - If there is subsequent developments or changes, which made one party eligible and other ineligible for custody or guardianship, fresh main petition is maintainable - In such event, final order passed in first main petition cannot be treated as res..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 294-- Obscene words - Words which are common in nature and words of common colloquial are not obscene words - Only words related to sex or moral are obscene words...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406-- Anticipatory bail - Cheating - Property dispute - Case based on documentary evidence - Civil proceedings between parties are pending - Petitioner in pursuance to notice of motion joined investigation - His custodial interrogation would not be warranted - Without going into merits of controversy..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 294-- Obscene words - Words used by accused cannot be termed as obscene words, because same is used frequently and unintentionally...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree for mandatory injunction - Illegal construction over common wall - D.H. himself not allowing demolition of wall on the ground floor as it will result into collapse of house of J.D. and also house of decree holder - Even assuming that said wall belongs to D.H. even then Executing..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment of boundaries - This shows that plaintiff was not aware of the boundaries over which he seek to declare his right at the time of filing suit - Plaintiff is required to be definite of his case in every aspect - Order declining amendment, calls for no interference...........

Showing : 3001-3010 of 43381 Results