Showing : 5091-5100 of 27513 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A-- Compromise during pendency of appeal filed against conviction - Accused cannot be acquitted on the basis of compromise - However, Appellate Court can take lenient view in awarding sentence after hearing appeal, if conviction is sustained...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Can be sought at any stage of the proceedings for the purpose of determining real question in controversy - Courts have to be liberal in accepting the same, if same is made prior to commencement of trial - Amendment if sought after commencement of trial, Court has to..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of interlocutory application without seeking permission to file fresh application - Fresh application, on the same subject matter, is not maintainable - Principle underlying O.23.R.1(3) CPC as to obtaining permission of Court to file fresh suit in respect of same subject matter is..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Remand - Court below being first Appellate Court is Court of both fact and law, therefore, it shall decide controversy, instead of prolonging lis by repeated remand of case - Remand will mean needless expenditure and prolonged consumption of time - Unwarranted order of remand gives litigant..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 364A, 368, 344, 392, 120B-- Kidnapping for ransom - Wrongful restraint - Criminal conspiracy - Conviction can be based solely on the testimony of a victim - However when there are gaps in the story of victim, as a rule of prudence, Court should seek corroboration of his evidence...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 364A, 368, 344, 392, 120B-- Kidnapping for ransom - Wrongful restraint - Criminal conspiracy - Accused `D' has not been identified by victim in Court on more than one occasion - Victim in his cross-examination after seeing accused `D' only stated that "Aisa sa hi tha" - It is not the case of victim that his eyes were closed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Constitution of India, 1950, Article 226-- Mandamus - Court would not issue mandamus to respondent-State, firstly for reason that representation is non statutory with no fixed time prescribed by law - Secondly, petition is belated and suffers from inordinate delay and unexplained laches in regard to state and dead claim/issue/dispute as..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47, 151-- Execution - Delivery of property with different boundaries - Not permissible - Executing Court cannot go beyond the decree and grant relief to DH by delivering the property with different boundaries not tallying with decree - It is for DH to file a petition u/s 152 CPC for amendment of judgment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 365, 342, 323, 467, 465, 147, 149, 506-- Offence u/ss 365, 342, 323, 467, 465, 147, 149, 506 IPC - Quashing of FIR - Compromise - Dispute between parties amicably resolved by entering into compromise wherein complainant stated that he has no objection if FIR against petitioner is quashed - It is thus, a fit case where there is no legal..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5-- Non-framing of an issue - Evasive denial in written statement - In absence of specific denial, Court is not required to frame specific issue on that point...........

Showing : 5091-5100 of 27513 Results