Showing : 6141-6150 of 16795 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Principles of civil law cannot be applied to criminal proceedings particularly, when the allegations and counter allegations in the quashing petitioner, are, in fact, to be tested at the trial...........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 84,85-- Execution sale - Payment of 25% of bid amount - Held, mandate of O.21.Rr.84 & 85 of the Code is to ensure that 25% of the bid amount is paid on date of auction itself - Provisions are mandatory...........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 84,85-- Interpretation of statute - Factors to be taken into consideration - Held, a statute must be read reasonably - It must be construed having regard to its legislative intent - It has to be meaningful - It must fulfill the object and purport of the legislative intent - It is also a well settled..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Appellate Court framed additional issue - Matter remanded to trial Court for recording evidence of both parties on additional issue and to decide the suit afresh after considering each issue separately - Remand was not for de novo trial - Amendment of written..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Hindu Marriage Act, 1955, Section 12, Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45-- Divorce petition by wife - Ground of impotency of husband - Whether the family court can issue direction for medical examination of a party? - Held, medical examination by experts is permissible to ascertain truth of the matter - Where a question is raised regarding impotency Court has inherent..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 20(c), Civil Procedure Code, 1908, Section 20, Civil Procedure Code, 1908, Section 20-- Explanation - Expression 'carrying on business' in clauses (a) & (b) of S.20 has no significance or relevancy in interpreting clause (c) of S.20 CPC...........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 20(c), Civil Procedure Code, 1908, Section 20, Civil Procedure Code, 1908, Section 20-- Cause of action - Jurisdiction - Material proposition of fact in connection with the transaction occurred at a particular place is specifically affirmed or alleged in plaint showing a right to sue - Part of cause of action has arisen at that particular place of occurrence - Held, suit can be..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 20(c), Civil Procedure Code, 1908, Section 20, Civil Procedure Code, 1908, Section 20-- Jurisdiction - Word `Or' used in between each clause - Thus each clause is independent of each other - More over an Explanation cannot be allowed to override a main provision to which it is appended - Presence of a subordinate office of the Company in the place where cause of action wholly or in..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Concurrent finding - Both Courts below have come to concurrent finding that plaintiff failed to establish his right, title and possession over the suit land - Courts below further held that there are cogent weighty evidences on the record to establish defendants right, title and..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 96, 2(2)-- Suit barred by limitation - Formal order dismissing suit as time barred - Whether a decree and appealable to first appellate court? - Held, order holding suit bared by time cannot partake character of a "decree" irrespective of fact that a formal decree sheet has been draw, up - Dismissal of suit..........

Showing : 6141-6150 of 16795 Results