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Showing : 621-630 of 1715 Results

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court allowed the application and remanded the case to trial Court - Order passed is ex facie illegal - Unwarranted order of remand giving undeserved lease of life to the litigation deprecated - Impugned order set aside - Matter remanded for decision afresh in accordance..........

CHHATTISGARH HIGH COURT

Year of decision: 2013
Details

, Section 482 - - Adverse remarks by trial Court - Expunction - Held, Courts are competent to pass disparaging and adverse remarks - But before passing such remarks, opportunity of explaining or defending is necessary to person before passing such remarks - In present case, trial Court has not provided an opportunity of explanation to petitioner - In absence of such..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Prevention of Corruption Act, 1988, Section 7, Criminal Procedure Code, 1973, Section 439 -- Bribery case - SSP - Bail - Petitioner will not be in a position to tamper with the evidence specifically when he is under suspension - No apprehension of fleeing from the process of law - There can be no tampering with the evidence more so when the substantive evidence happens to..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 304B -- Ingredients of the offence u/s 304-B IPC are : (a) To attract the provisions of S.304B IPC the main ingredient of the offence to be established is that soon before the death of the deceased she was subjected to cruelty and harassment in connection with the demand of dowry; (b) The death of the deceased woman was caused by any burn..........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Power of Magistrate - Re-exercise of - Held, once the power conferred u/s 156(3) of Cr.P.C. is exercised, same can not be re-exercised after receiving report from Investigating Agency - In present case, subsequent order given by Magistrate for investigation after lodging FIR by same Investigating Agency which..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Even if a wrong question was put or an incorrect suggestion was put by defence counsel to prosecution witnesses that will not always tantamount to admission of facts stated by prosecution nor can prosecution case be built solely based on such wrong suggestions or wrong..........

DELHI HIGH COURT

Year of decision: 2012
Details

Constitution of India, 1950, Article 228 -- Withdrawal of case by High Court - Exercise of power - Held, in order to invoke Art.228 of Constitution, High Court must be satisfied that case pending before a subordinate Court involves a "substantial question of law" as to interpretation of Constitution and determination of which is necessary for disposal of case...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Land and Property -- Tenancy - Non-payment of rent - Effect - Held, mere no, production of rent receipts depicting payment of rent would not negative plaintiff's plea of tenancy because liability of tenant to pay rent is determining factor and not actual payment of rent - In instant case, plaintiff as tenant is liable to pay 1/3rd batai and, therefore, plaintiff continues..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Land Acquisition Act, 1894, Section 12 -- Acquisition of land - Notice of award - Validity - Held, as per S.12 of the Act, Collector can give notice prior to announcement of award giving date on which award is to be announced - Collector can also give notice after award is announced to give notice to persons who were not present at the time of announcing of award - In..........

SIKKIM HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Grounds set out for refusal of bail on behalf of prosecution appears to be quite unjustified and flimsy - Allegations of tampering of evidence also do not appear to be so grave and serious as has been made out - On a perusal of case diary, it is found that no reason has been recorded as to why..........

Showing : 621-630 of 1715 Results