Showing : 1-10 of 718 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - First appeal involved both disputed questions of law and fact - First appeal dismissed by a cryptic order without examining any of the aspects - First Appellate Court failed to follow the provision of O.41.R.31 CPC while deciding appeal - Judgment and decree passed by First..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7-- Plea of juvenility - Application u/s 7 of the Act can be filed before any Court at any stage including stage after final disposal of petition...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 313, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377-- Rape and Murder - - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage of framing of charges - 13 witnesses were examined with 7 days - Examination of accused u/S.313 of Code, even before complete evidence was led by prosecution and not waiting for FSL and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 21-- Speedy trial - Expeditious disposal undoubtedly required in criminal matters and that would naturally be part of guarantee of fair trial - However, attempts to expedite process should not be at expense of basic elements of fairness and opportunity to accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 366(29A)(d), Karnataka Sales Tax Act, 1957, Section 2(t), 5C-- Deemed Sale - Transfer of right to use tug - Applying substance of contract and nominal nature text, vessel was available when agreement for right to use the goods has taken place - Vessel was available at time of transfer, deliverable and delivered and was at exclusive disposal for six months..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 1A-- Production of documents - Certified copies of documents of earlier proceedings sought to be produced which are plaint, written statement and corresponding orders passed by Court in earlier proceedings - Suit is for recovery of possession after serving a notice u/s 106 of T.P Act - Nothing more is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 92(1)-- Execution - Auction sale - Confirmation of sale - Sale not to be confirmed pending disposal of any objection - Pendency of application to set aside ex parte decree partakes the nature of an objection - Sale not to be confirmed pending final disposal of application to set aside ex parte decree...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 374, 386-- Appeal against conviction - Disposal of appeal filed by accused without record of trial Court, which was lost during pendency of appeal is not sustainable - Order of High Court set aside - Matter remanded back to High Court for hearing appeals afresh after reconstruction of record of trial Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304-- Bail during pendency of appeal against conviction - Offence u/ss 498-A, 304(Part I)PC - Accused already suffered incarceration for a period of approximately 27 months out of a total sentence of 10 years R.I awarded by trial Court which is affirmed by High Court - It is thus, a fit case to grant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 14, 21, Kerala Abkari Shops Disposal Rules, 2002, Rule 4(2), 9(10)(b)-- Vested Right of Employment - Right of rehabilitation of displaced abkari worker - In 1996 arrack was banned in State of Kerala - Government ordered that 25% of all daily wage employment to be filled up by displaced workers who were arise in the Corporation. in future shall stand reserved to..........

Showing : 1-10 of 718 Results