Showing : 11-20 of 808 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5-- Additional issue - Fact pleaded in plaint but not specifically denied - Application to frame additional issue rightly dismissed as there is no dispute at all inter-se parties with regard to said issue...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
, Section 138-- Dishonour of two cheques - Summoning order against accused passed qua one cheque - Complainant moved an application praying that cognizance be taken in respect of other cheque as well - However, since complainant himself withdrawn the application, cognizance of offence upon second cheque rendered..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise during pendency of second appeal - Appeal decided in terms of compromise - Compromise challenged by one of the parties - High Court dismissed application - In appeal thereagainst Supreme Court remitted the matter for fresh consideration and to decide question of consideration of..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14-- Limitation - Exclusion of time - Provision of S.14 of the Act has no application in a case where suit is dismissed after adjudication on merits and not because Court was unable to entertain it due to lack of jurisdiction...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution proceeding - Application dismissed by trial Court - Revision against same also dismissed by observing that application moved just to delay execution proceedings and even same is not maintainable at the instance of petitioner - Both the Courts below have recorded findings of fact..........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B-- Decree of divorce by mutual consent - Plea of fraud taken by wife - Appeal - Maintainability - Wife contended that decree of divorce by mutual consent obtained by husband by playing fraud - It will be a question of law and fact to determine whether mutual decree of divorce had been obtained by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(3)-- Appeal against acquittal - Rejection of leave to appeal - Unreasoned order - Application for leave to appeal dismissed by High Court without assigning any reason - It was a clear case of no, application of mind, because impugned order neither sets out facts nor submission of parties nor findings..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Will - Application allowed subject to proof of loss - Since no proof of loss was provided, trial Court rightly not considered secondary evidence - Even otherwise, appellant knew right from the beginning that original Will was not in his possession and there is delay of 32..........

Showing : 11-20 of 808 Results