Showing : 5271-5280 of 28100 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Tort-- Suit for damages by wife against husband - Plea that wife is living in adultery in an earlier suit - So called adulterer also filed suit for damages against husband - Said suit was dismissed by holding that adulterer rendered all kind of assistance to wife including attending to the Court cases..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Discretionary relief - First Appellate Court considered facts and circumstances and found that performance of contract would involve more hardship to defendant whereas its non performance would involve no such hardship to plaintiff and that specific performance would be..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder in Courtroom - Presence of eye witness PW 28 on the spot not doubtful as he is a Police Officer who was required to give evidence in adjoining Court - In case of any Commotion as a result of any assault, a trained Police officer is certainly expected to reach the place in question, which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Territorial jurisdiction - Issue regarding jurisdiction of Court already framed by Trial Court - Prima facie from the contents of plaint, it cannot be determined that civil Court has no jurisdiction to entertain the suit - Moreover, question regarding territorial jurisdiction..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Section 146-- Transferee pendente lite - Question of necessary or proper party is not required to be considered for impleading a transferee pendente lite - If person sought to be impleaded as a party is legal representative of a party to the suit, it is sufficient for Court to order impleadment/substitution of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Appeal - Executing Court cannot decline execution of decree simply on the ground that an appeal has been filed against the decree - Remedy of petitioner is to approach Appellate Court to seek relief regarding stay of execution of decree and said plea of petitioner was to be considered by Appellate..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Will-- Suspicious circumstances - Testamentary Court is a Court of conscience and not a Court of suspicion - It is not the law that, whenever a Will is sought to be proved in Court, the Court should start with the presumption that the Will is not genuine or that it is fraudulent or that the person who..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10, Trade Marks Act, 1999, Section 134, Copyright Act, 1957, Section 62-- Return of plaint - Infringement of trade mark - Plaintiff a company registered in Kolkata and having its subsidiary office in Delhi - Defendants situated in Gujarat - Plaintiff has not claimed that defendants have any presence in Delhi or that any part of cause of action has arisen within..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of Civil Court - Ownership dispute or rights relating to agricultural land - Can be decided only by Revenue Court - Jurisdiction of Civil Court is barred. (U.P.Z.A. and L.R. Act, 1950, S.229-B)...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Power of Magistrate - Expression "any offence" shows that no restriction is imposed on Magistrate to take cognizance only of the offence triable by Magistrate Court and not in respect of offence triable by a Court of Session - Even if case is triable by Court of Session,..........

Showing : 5271-5280 of 28100 Results