Showing : 741-750 of 3626 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376-- Rape of minor aged 5 years by her own father - Prosecutrix capable enough to understand material questions put to her as she stated that her father removed her panty and committed rape on her - Medical evidence fully corroborates the version of prosecutrix - Mother of prosecutrix to whom..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Arbitration and Conciliation Act, 1996, Section 8-- Reference to arbitration - Jurisdiction of Civil Court - Once an application in due compliance of S.8 of Act is filed, approach of Civil Court should be to see whether its jurisdiction is ousted and not that whether there is still jurisdiction in Civil Court, as such approach will delay the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Delay in filing application U.O.7.R.11 CPC - Application for rejection of plaint filed long after filing of suit and dismissal of amendment application of plaintiff - No plausible explanation for petitioner for such a delay - Said delay disentitles the petitioner to claim..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte ad interim injunction - Restraining interfering with lawful construction - Provision of O.18.R.3 CPC is mandatory - Ex parte ad interim injunction can only be granted when Court forms an opinion with reasons that object of granting injunction would be defeated by delay - Ex parte ad..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration application - Condonation of delay - Previous conduct of parties or previous adjournments granted by Court finding sufficient cause are irrelevant consideration for deciding restoration application - Rejection of application on irrelevant consideration - Impugned order set aside -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within time - Permission to file written statement was sought after obtaining the copy of plaint by newly added defendant - There is no undue delay on the part of defendant - Moreover, provision of O.8.R.1 CPC is directory in nature and delay if any can be condoned in..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement to counter claim - Opportunity sought to file written statement when case was fixed for arguments, which was after a gap of eight years - Written statement not filed due to inadvertent oversight on the part of Advocate and was not actuated by any mala fide - Refusal to condone..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Contract Act, 1872, Section 55-- Time essence of contract - Contract not completed within stipulated time - Even if technically time was not of essence of contract, it cannot be presumed that delay was of no consequence - Compensation granted to complainant on account of delay...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Contract Act, 1872, Section 73, 74-- Breach of contract - Burden of proof - Loss can be assumed even without proof when burden was on person who committed breach to show that no loss was caused by delay or that amount stipulated as damages for breach of contract was in the nature of penalty...........

Showing : 741-750 of 3626 Results