Showing : 91-100 of 718 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Finding recorded while considering grant of injunction is always considered prima facie in nature and is confined to disposal of such interlocutory proceedings - Such finding do not influence the decision which is eventually rendered in suit on merits as the same is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 16, 18-- Intention of Legislature is to fairly conclude evidence of parties without unreasonably compromising expeditious disposal of suit - Court may grant further time to party to commence evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 17, Rule 3-- Object - Closing of evidence - Legislature has given specific powers to Court U.O.17.R.3 of Code for disposal of suit or to proceed with suit as Court may deem fit and proper - Powers vested in Court cannot be rendered ineffective or meaningless by granting indefinite adjournments for leading..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 34-- Bail - Pendency of appeal against conviction - Accused and his wife were jointly found involved in commission of offence - Wife of accused already granted bail though challenge made by complainant is pending against the same - However, High Court while considering the bail of accused, ought to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Constitution of India, 1950, Article 21-- Speedy trial - Each High Court should include achieving speedy trials target and not target of five years for under-trials in custody - If cases can be disposed of earlier, it may be still better - Plans can be revised as per local conditions - Disposal of bail application and cases where trials..........
DELHI HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 45-- Handwriting expert - Unregistered lease deed - Property whether was given for residential or commercial purpose - Trial Court dismissed the application by holding that lease could not be looked into even for collateral purpose to determine the user of the property - Held, these are issues which..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Guardians and Wards Act, 1890, Section 7, 6-- Child - Custody - Minor male child - Child cannot be deprived of the love, affection, attention, guidance, support and physical touch (human touch/humane touch) of the mother, for no fault of the child - No disqualification on the part of mother alleged - Father did not disclose cogent reasons..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought at the fag end of trial when suit had come up for submission of arguments by parties for disposal of case - No reason is explained for such long delay in filing application - There is nothing to indicate that despite due diligence plaintiffs could not earlier..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
East Punjab Urban Rent Restriction Act, 1949, Section 16, 17-- Scope and purpose - Intention of legislature was to provide special and expeditious procedure for disposal of matters under Act - It has been left upon authorities under Act to device their own procedure free from technicalities and formalities of procedural law except for what has been provided..........
DELHI HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Unstamped, unregistered and only photocopies of original - Permission sought to pay necessary stamp duty - Decision of application cannot be deferred to the stage of final disposal of suit - Trial Court directed to adjudicate application at this stage itself. (Stamp Act, 1899, S.33)...........

Showing : 91-100 of 718 Results