Showing : 71-80 of 3705 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 38, Rule 9-- Kerala Civil Rules of Practice, 1971, R.185 - Withdrawal of attachment - Conjoint reading of O.38.R.9 CPC and R.185 of Kerala Civil Rules Practice, 1971 makes it crystal clear that communication to registering authority shall be made with due application of mind, without delay, otherwise it would..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Death sentence - Delay of 5 years in deciding mercy petition - Inordinate and unexplained delay in deciding mercy petition - Mercy petition is the last hope of a person on death row - Petitioner has now been behind the bars for almost about 14 years - Regardless of brutal nature of crime,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 157-- Delay in receipt of FIR in Court - Incident occurred at 5.30 pm - FIR lodged on the same day of occurrence at 6.00 pm - Not sending FIR immediately to Court after its registration, cannot be put against prosecution, since after 5.30 pm, Court timing gets over an in these circumstances, production..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 21.500 kg poppy husk - No evidence on record as to when accused was produced before Illaqa Magistrate for seeking judicial remand and in compliance of S.52 of the Act regarding case property - Therefore, in absence of an order by Illaqa Magistrate to keep case property in safe custody,..........
DELHI HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cross-examination of complainant closed after giving effective opportunities to accused - Accused deliberately delaying proceedings u/s 138 of the Act - Though, accused can be put to terms for delay occasioned, but cross-examination of complainant is essential for an..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Flat purchase agreement - Delay in delivery of possession - Compensation - Possession was to be delivered inn January, 2014 but was delivered in May, 2016 - Agreement provided for compensation of Rs.3 per sq. ft per month for delayed handing over of possession - Held, jurisdiction of National..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Flat purchase agreement - Delay in delivery of possession - National Commission can award just compensation and is not constrained by terms of agreement when agreement is one sided and does not provide sufficient recompense to flat purchasers as agreement provided compensation of Rs.3 per sq. ft..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Flat purchase agreement - Delay in delivery of possession - Mere fact that flat purchasers moved National Commission in a representative capacity for redressal of their grievances is no justification to deny them possession in accordance with terms of agreement...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 226-- Judicial examination - Power of re-evaluation of answer sheets - Candidate approaches the Court after delay of 5 years - Case cannot be characterize as rare or exceptional - Even otherwise, High Court on the one hand reasoned that complaint related to Paper III, despite that direction is given for..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96-- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........

Showing : 71-80 of 3705 Results