Showing : 31-40 of 3827 Results

BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 354, 506-- Limitation - Offence u/ss 354, 506 IPC - FIR registered after 14 years of incident and 11 years after period of expiration of limitation - Neither delay is properly explained nor there are reasons by Magistrate for condoning the same in the interests of justice - Mere fact that allegations against..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5-- Appointment of arbitrator - Limitation - Extension of time - Appellant Company stated that it was involved in negotiation with respondent in 14 years preceding application before settlement committee - However, no evidence brought on record to show that they were required to proceed before..........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 10A-- Death of one of defendants - Substitution of LRs - Application filed by plaintiff on basis of her personal knowledge - There is no mention in application as to when plaintiff came to know about death of deceased defendant, from what source and why previously said fact was not in her knowledge -..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 7-- Appointment of Commissioner - Rejection of plaintiff's application on the ground of delay - Normally delay cannot be a ground for rejecting an application if circumstances obtaining in the case warrant appointment of Commissioner...........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138-- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally incompetent as necessary..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Condonation of delay - At the stage of taking cognizance, it is not necessary for Court to issue notice to accused and hear accused before condoning delay in filing complaint...........

Showing : 31-40 of 3827 Results