Showing : 91-100 of 3577 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 411-- Delay in lodging FIR - Receiving stolen property - Statement of complainant recorded after 11 months of incident - Complainant without any basis named accused to be one who broke open lock of his house and committed theft besides burning some of articles - However, it was not mentioned as to how..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5-- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same has..........
RAJASTHAN HIGH COURT
Year of decision: 2018
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 delay of 18 months - Appellant was aware about dismissal of suit still he knowingly failed to file application for restoration within prescribed period - Application rightly rejected...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Delay of about 3 years 8 months - Defendant corporation is public sector undertaking and huge public money is involved in the case - Ex parte decree set aside subject to payment of costs of Rs.50,000/-...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Suppression of earlier FIR - FIR in hand cannot be considered as FIR - At the most it can be considered as statement recorded u/s 161 Cr.P.C. - Delay in lodging FIR not explained - These factors together cast grave doubt on the credibility of prosecution version and lead to conclusion that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 40.500 kg poppy husk - Delay in sending samples - Samples were sent to FSL after delay of 12 days - Constable after receiving samples kept the same for two days without recording his presence - Register no.19 was not produced on record in which entry related to time of taking out..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376-- Rape - Age of prosecutrix 12 years at the time of occurrence - Consent of prosecutrix is thus, immaterial - Evidence of prosecutrix is supported by medical evidence and also by evidence of PW4, who saw accused running away from scene of occurrence - Delay in lodging FIR properly explained as uncle..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Subsequent added defendant - Neither filed written statement nor adopted written statement of any other defendant - At a later stage wanted to adopt written statement filed by defendant No.6 - Inspite of the delay application allowed looking to subject matter of suit and..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Insurance claim-- Breach of insurance policy - Delay in intimation of loss to insurance company - Appointment of surveyor - Whether amounts to waiver of condition relating to delay by insurer - Appointment of surveyor per se does not estop insurer from raising a plea of violation of condition warranting repudiation..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay of 513 days - Plea of illness and non intimation of dismissal by counsel - Said plea not substantiated by plaintiff - Even delay of 513 days in approaching Court not explained by plaintiff - Application for restoration of suit rightly..........

Showing : 91-100 of 3577 Results