Showing : 11-20 of 220 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand of case on the grounds, viz. (a) Defendant not afforded an adequate opportunity to file his written statement; (b) In the absence of written statement defendant could neither adduce proper evidence nor file any documentary evidence in support of his case; (c) Suit decided on the basis of..........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Proviso - Compromise through power of attorney - Validity - Matrimonial dispute - Lack of acceptance of talaq - Wife contended that power of attorney holder accepted `talaq' pronounced by husband on her behalf - However, nothing on record to disclose that wife was ignorant of talaq pronounced by..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Memorandum of oral gift sought to be produced by way of additional evidence - Document not filed in suit, though suit remained pending for about 18 years - Entire case of defendant is based on alleged oral gift and memorandum of gift executing in writing -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Common intention - Dispute regarding supply of water - All PWs are interested witnesses being members of same family living in front of family of accused having their civil dispute pending for a long time - FIR was registered at the instance of accused against complainant party and that..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 379, 427, 447, 504, 506, 149-- Offence u/ss 379, 427, 447, 504, 506, 149 IPC - Property dispute between parties and civil suit pending in regard to said dispute - No cogent evidence on record to indicate possession of complainant over land - Entire case of unlawful cutting of crop thus, rendered doubtful - No independent..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage,..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Exhibition of documents - After closure of evidence of defendants - Suit for declaration - Documents sought to be exhibited are certified copies of Record of Rights and rent receipts - Reason for no, filing of documents at the time of trial is vague - Record of rights are public documents and same..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58-- Facts admitted need not to be proved - Suit for partition - Defendant No.1 admitted the claim of the plaintiff, however, case remained pending for consideration - Court granted time to parties to enter into compromise but no settlement could be arrived - Thus, plaintiff filed an application to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 463, 468, 469, 470, 471, 205, 190, 199, 192, 120B-- Cheating - Impersonation and forgery - Property dispute - Order of quashing of complaint - Allegation that accused by impersonating herself being mother of deceased got his property transferred in her name by mutation - However, complainant failed to lead any evidence to prove impersonation or..........

Showing : 11-20 of 220 Results