TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Object - Court can permit amendments to avoid multiplicity of proceedings...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Determination of age of cheque and ink on the cheque - No pleadings or submission in this regard while replying to the notice or making submissions before Court - Moreover, signatures admitted by petitioner and other parameters appearing to be in conformity with provisions of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 254-- Summoning of witnesses - Parties have right to examine any witness - Court can decline to summon a person as a witness but there has to be a reasoning for this...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 19, 20, Order 7, Rule 10-- Defamation - Territorial jurisdiction - Suit for compensation and damages - Defamation caused on account of publication of article in daily newspaper published and circulated in Bihar only - Cause of action does not arise at Delhi merely for the reason that interview took place at Delhi - Mere..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 265B(4), 265D-- Plea bargaining - Procedure contemplated in Chapter XXI, as in Ss.265-B(4), 265-D, etc, Cr.P.C., is mandatory and failure to meticulously and strictly follow such provision by trial Court would render it illegal, ultra virus and void...........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 265A, Negotiable Instruments Act, 1881, Section 138-- Plea bargaining - Offence u/s 138 of N.I.Act - It may not be appropriate for trial Court to take recourse to plea bargaining process under Chapter XXIA Cr.P.C. in relation to complaints for offence punishable u/s 138 of N.I. Act - If parties are willing, trial Court should endeavour to refer to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 17(2), 27(5)-- Contempt of order of Arbitral Tribunal - Order issued by Arbitral Tribunal deemed to be orders of Court for all purposes and will be enforced under CPC in same manner as if they were orders of Court...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18-- Recovery of 9.100 kg opium - Grave discrepancy regarding safe custody of samples - Seizure Officer when confronted with the physical appearance of the exhibited articles candidly agreed that exhibited articles did not bear any signatures, seals or other identifying marks so as to connect them with..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376D, 342, 506-- Rape on married woman - Initiation of false proceedings - Prima facie there was conscious and deliberate effort to misuse the process of law to initiate false proceedings against accused - Prosecutrix and her brother-i, law PW6 connived and have given patently false evidence in Court - Trial Court..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for recovery of mesne profits and future mesne profits from an Unauthorised sub tenant - Even if tenanted premises is in exclusive occupation of unauthorized sub-tenant, it is not open to landlord to institute suit in civil Court for recovery of possession of premises..........