Showing : 1-10 of 43 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 273, 299, 317-- Recording of evidence in absence of accused, when there was no dispensation as contemplated u/s 273 Cr.P.C - S.273 Cr.P.C stood violated, as there was an infringement of salutary principle - However, said infringement is curable one - High Court directed de novo trial of witnesses examined in..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- Revisional jurisdiction - Concurrent findings - Appreciation of evidence - Suit for recovery of money - Trial Court clothed with jurisdiction to try the suit decreed the suit on appreciation of evidence - Subsequently, appellate Court also examined the matter de novo and fully concurred with the..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After completion of plaintiff's evidence - Suit for partition - Amendment sought to include certain more properties of common ancestors - Amendment sought if allowed, would not only change the scope of suit in its entirety, but would also lead to its de novo trial..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand for de-novo trial - Suit for declaration regarding illegitimacy of child sought by father decreed without child array as party to suit - Re-trial of case is considered as trial is held and evidence including DNA profile report let without child being array as party - Child should not be..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A-- Remand for de novo trial - Suit for specific performance - Ex parte decree passed against all defendants/original owners and subsequent purchasers - Ex parte decree set aside at instance of defendants 3 & 4 - Fresh notice not sent to defendants No.1 & 2 - Defendants No.1 & 2 were entitled for a..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - At the stage of arguments - Name of proposed accused not given in FIR - However, in view of statement of victim who received injuries on his eyes and silence of defence qua incriminatory role of proposed accused, he has to be arrayed as accused along with other..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summons case - Magistrate failed to record statement of accused u/s 313 Cr.P.C again after examining third witness and after hearing parties proceeded to convict and sentence accused - Mandatory provision is thus, not complied with - Appellate Court rightly set aside..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Constitution of India, 1950, Article 227-- Writ jurisdiction - Eviction order - No justification on the part of High Court to have entertained the writ petition against eviction order passed by trial Court - Proper remedy is to file an appeal against eviction order - High Court should have declined to entertain writ petition on the ground..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and eviction-- Bona fide need - Tenant deliberately did not appear before trial Court and failed to contest the eviction proceedings - Trial Court was fully justified in passing the eviction order on merits against respondent - High Court had no jurisdiction to issue directions to trial Court to pass a..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Summary trial or summons trial - Evidence of witnesses recorded in verbatim and not merely substance of evidence - De novo trial by successor Magistrate not required - Successor Magistrate will recommence proceedings from the stage where it was stopped by predecessor..........

Showing : 1-10 of 43 Results