Showing : 121-130 of 823 Results

HYDERABAD HIGH COURT
Year of decision: 2016
Details
Registration Act, 1908, Section 17-- Unregistered document discloses an easement by way of passage and creates some interest - Admissibility - No title or ownership over passage is created under the said document - Only irrevocable permission was accorded under it to use the existing passage by granting licence - Document does not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Service-- Misconduct - Conversion of punishment - Respondent, Assistant Sub-inspector (ASI), while on duty slapped his superior and further refused to follow his instructions - Held, High Court has rightly converted the punishment of dismissal from service to punishment of compulsory retirement...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Motor Vehicles Act, 1988, Section 173-- Appeal - As a First Appellant Court, it is duty of High Court to decide appeal keeping in view the powers conferred on it by statue - High Court upheld the award of Tribunal without deciding all issues as required u/s 96 CPC and without satisfying the requirements of O.20.R.4(2) and O.41.R.31 CPC..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Test for Impleadment of party - Whose right would be affected highly if he is not allowed to participate in proceeding - This apart, duty of the Court is to minimize the litigation and not invite litigation...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Auction sale - Invalidity of sale - Petitioners can raise the invalidity of sale and it is the duty of Court to examine that issue U.O.21.R.64 CPC, particularly when sale was not confirmed in favour of auction purchaser and right of auction purchaser to take back his amount is protected...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Auction sale - Invalidity of sale - Court has duty to comply with the procedural requirements of O.21.R.64 CPC - Even though, application is filed u/s 151 CPC without quoting proper provision of law but that does not deter the Court from directing Executing Court to comply with the mandatory..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Criminal trial-- Presiding Officer absent - Magistrate in charge of that Court adjourned the case to pass further order by the Presiding Officer in seisin - Held, it is duty of Court remaining in charge of another Court to apply mind instead of passing order mechanically...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 378(3)-- Appeal against acquittal - High Court entitled to re-appreciate evidence if it is found that view taken was not a possible view or that it is perverse or infirm or erroneous view - More so, where admissible evidence is ignored by trial Court then duty is imposed upon appellate Court to..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 154-- FIR - When origin of FIR is under shadow of doubt, same would not be a ground by itself to discard the entire case of prosecution on this score alone - However, a duty is cast upon Court to scrutinize prosecution evidence with extra care and caution...........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 133, 137, 138-- Proceedings u/s 133 Cr.P.C. - Once respondent appeared and filed objections denying the existence of pubic right, duty is cast on SDM to conduct enquiry u/s 137 Cr.P.C. and to record finding as towhether denial of public right is bona fide or not - If SDM is satisfied that denial is bona fide and..........

Showing : 121-130 of 823 Results