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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Recall of order as same alleged to be vitiated by fraud and misrepresentation - Fraud vitiates all proceedings - When fraud is played on Court, appropriate remedy is to approach the same Court to apprise the Court the manner in which fraud has been played -..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Land Acquisition Act, 1894, Section 23, 28 -- Acquisition of land - Compensation in respect of standing trees on acquired land - Respondent claimed that 396 fruit trees were standing on acquired land and in his deposition he stated that there were 250 trees - Total area of land belonging to respondent is 7 kanals 2 marlas - Expert examined by respondent deposed that there..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Fresh investigation - Where investigation is ex-facie unfair, tainted, malafide and smacks of foul play, Superior Courts would direct a fresh or de novo investigation, even by another independent investigating agency if ends of justice so demand - This is a power of wide plenitude and..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 173 -- Court monitoring investigation - Court monitoring would help in moving machinery of inquiry/investigation at an appropriate pace and its conclusion with utmost expedition without fear or favour - Expression `Court monitored' has sometimes been interchangeably used with `Court supervised investigation' - Once court supervises an..........

GUJARAT HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65 -- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused,..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 467, 471, 34 -- Quashing of FIR - Compromise between parties - Complainant stated that he has no objection if proceedings are quashed - Even, matter is settled by complainant out of his free will - Moreover, where proceedings are still at..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Extension of time - Once Court issued challan for payment of Court fee and accepted Court fee paid, it is deemed that petitioners has paid Court fee as per orders of Court...........

MADRAS HIGH COURT

Year of decision: 2018
Details

Limitation Act, 1963, Section 5 -- Condonation of delay - Re-presentation of plaint - Plaintiffs gave sufficient and valid reason for condoning delay in representation - Defendants admitted pendency of insolvency proceedings and suit filed by plaintiffs against them - Hence, reasons given by Court for rejecting contentions of plaintiffs is unjustified - Delay condoned -..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 3 -- Sole eye witness - Requirement of corroboration - Testimony of single eye witness when found to be wholly reliable though uncorroborated, may be acted upon for conviction of accused - But where testimony of sole eye witness is found neither wholly reliable nor wholly unreliable, Court has to look for corroboration in material particulars by..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Conviction - Testimony of sole eye witness - Reliability - Fact that sole eye witness being the son of deceased did not make any attempt to save his father and not even raised alarm for help, appears to be unnatural - Further, it is highly improbable that a son without making appropriate..........

Showing : 3401-3410 of 30255 Results