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Showing : 61-70 of 1715 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Constitution of India, 1950, Article 226 - - Dismissal of - High Court while deciding writ petition neither discussed issues arising in the case, nor dealt with any of submissions urged by parties nor assigned any reason as to why it has dismissed writ petition - It is thus, an unreasoned order - Order dismissing writ petition not legally sustainable and thus, set aside -..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Petitioner is the mother-in-law and is in custody since 2018 - Trial in the case will take sufficient long time as no prosecution witness has been examined so far, hence, bail granted...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Evidence Act, 1872, Section 8 -- Absence of motive - When there is positive corroborative material against accused, absence of motive does not render prosecution case doubtful and on this score only accused cannot escape from clutches of law...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court in its revisional jurisdiction proceeded to decide the complaint itself on merits and convicted accused without deciding the question as to whether Appellate Court was justified in remanding case to Magistrate - High Court committed jurisdictional error in allowing revision - More so,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Absence of stipulation of enforcement of agreement through Court of Law - Enforcement of agreement through Court is not dependent on contract between the parties providing for a stipulation that in case one of the party does not perform or honour the agreement to sell, agreement can be specifically performed through Court of law..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court while deciding second appeal is strictly confined to case involving substantial question of law and it is not permissible for High Court to re-appreciate evidence on record and interfere with findings recorded by Courts below and/or First Appellate Court and if First Appellate Court has..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 11(6), Karnataka Stamp Act, 1957, Article 5(id) -- (as inserted by Act of 2012) - Application for appointment of arbitrator - Plea that work contract executed between parties is not properly stamped - However, from perusal of relevant provisions of law, it is evident that on agreements sufficient stamp duty has been paid as..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Consumer Protection Act, 1986, Section 13 -- Consumer complaint - `On admission of complaint' - Meaning - Complaint can be dismissed in limine and its admission can be declined without notice to the opposite party - However, such jurisdiction to dismiss complaint in limine has to be exercised having regard to facts of each case - Since case in hand is not of that nature as..........

Showing : 61-70 of 1715 Results