Showing : 11-20 of 651 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Land Acquisition Act, 1894, Section 4-- Acquisition of land - Notification u/s 4 of the Act - Challenge as to - Intra Court appeal - Division Bench dismissed intra Court appeal without dealing with any of issues arising in case and submissions urged by appellant - Once intra Court appeal involves factual and legal issues, it was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Setting aside ex-parte order - Appeal against dismissal of application - Prayer for setting aside ex-parte order made during pendency of suit U.O.9.R.7 of CPC and not after its disposal U.O.9.R.13 - Therefore, an appeal preferred against order passed in relation to an application U.O.9.R.7 of CPC,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Quantum - Maintenance granted on the basis of notional minimum income of husband as per current minimum wages - Not tenable - Maintenance must be fixed by having regard to viz. (a) living standard of husband and his family; (b) his past conduct in protracting disposal of maintenance..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Findings made in interlocutory applications like application for temporary injunction will not operate as res judicata in deciding issues at the stage of final disposal of a suit...........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 24-- Property of senior citizen - Interim eviction order pending disposal of application u/s 24 of the Act - There is no express provision in Cr.P.C. to pass interim eviction order nor there is any prohibition to pass such an order - Provisions of Chapter VI to be construed to confer an implied power..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 35(2), 33-- Sexual offences against children - Directions issued for speedy disposal of cases Viz. : (i) High Courts shall ensure that cases registered under POCSO Act are tried and disposed of by Special Courts and presiding officers of said Courts are sensitized in the matters of child protection and..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, 15, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Prolonged custody - Offence u/ss 8, 25, 15 of NDPS Act - Accused remained in custody for more than 5 years - Final hearing of appeals likely to take considerable time - Taking into account of prolonged custody of accused, there is no need to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Guardians and Wards Act, 1890, Section 7-- Custody of minor son - Modification of final order rejecting claim of father regarding custody of son - After disposal of main petition, Family Court became functus officio - Question of modifying final order passed therein does not arise - Hence, application for modification of final order not..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 26-- Application u/s 26 of the Act - Procedure - Proper procedure for disposal of application u/s 26 of the Act after completion of pleadings is to consider whether evidence is necessary to adjudicate petitioner's application u/s 26 of the Act - If Court finds that evidence is not necessary, Court..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 26-- Application under the Act - Family Court is empowered to formulate its own procedure for disposal of petitioner's application under the Act - It is not mandatory for Family Court to follow Cr.P.C...........

Showing : 11-20 of 651 Results