Showing : 1-10 of 3545 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of plaint - Amendment sought that defendant has forcibly erected pole and laid wires on it - Amendment sought after five years of coming to know of erecting pole and laying wires on it - Delay in seeking amendment not explained - Amendment not permissible at this belated stage and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b)-- Offence u/ss 8 & 18(b) of the Act - Delay of one year in producing seized sample in Court - Coupled with this the signature on the seal being illegible creates a serious doubt with regard to the prosecution case...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b)-- Offence u/ss 8 & 18(b) of the Act - Delay of one year in producing seized sample in Court - Signature on seal illegible - In the Malkhana register there is an entry with regard to the deposit of seized sample but entry dealing with exit from the Malkhana for taking it to Court is blank - Not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 307, 325, 449, 149, 148-- Murder - Unlawful assembly - Seven accused armed with deadly weapons coming to site of incident and all of them inflicting blows on deceased - All the accused came together with a clear intent and acted upon that intent - This is not a case where common assembly proceeded to site and subsequently..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 279, 304A, 337-- Rash and negligent driving - Fatal accident - Eye witnesses to incident give divergent portrayal qua cause of accident - Even there are other auxiliary contradictions which render prosecution story tainted with doubts - Police recorded the statement of PW7/eye witness after delay of 6-7 days,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Delay in filing suit - So long as a suit for specific performance is filed within period of limitation, delay cannot be put against the plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 324, 326-- Offence u/ss 324, 326 IPC - Reduction of sentence - Accused attacked his uncle with a spade and gave a blow on left side of his head - Occurrence took place more than a quarter of century back and to send accused in prison after 25 years would be travesty of justice - Accused has already undergone..........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 313(5)-- Examination of accused u/s 313 Cr.P.C. - Supplying advance copy of questionnaire enabling accused to file written statement in terms of S.313(5) Cr.P.C. - Held, barring few situations where statement u/s 313 Cr.P.C. of accused cannot be recorded by calling them personally except with undue delay..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a hyper technical approach has to follow a approach which is more humane and justice oriented...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a..........

Showing : 1-10 of 3545 Results