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Showing : 81-90 of 951 Results

UTTARAKHAND HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 4A -- (as in U.P) - Consolidation of suits - Interconnecting interests in relation to three subject matter of suits in question - For an effective and expeditious disposal of suit and in order to avoid a contradiction in finding to be recorded by Court below, with regard to interest of parties to suit, same deserves to be consolidated and..........

KARNATAKA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of encroachment to an extent of 20 guntas sought to be amended by 30 guntas - Question of alleged encroachment and extent of alleged encroachment are issues to be decided at the stage of final disposal of suit - At the time of considering application for amendment, merits of proposed amendment..........

JHARKHAND HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Section 96 -- Appeal against preliminary decree passed in partition suit - Stay of appeal till disposal of probate proceedings - No material on record to suggest that final decree is prepared as yet - Only preliminary decree is challenged under appeal - There is thus, no justification for staying further proceedings of appeal indefinitely -..........

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 364, 323, 34 -- Suspension of sentence during pendency of appeal against conviction - Murder - Case of accused is on identical footing with co-accused whose sentence already suspended - Strong grounds available to accused for challenging his conviction - Hearing of appeal not likely in near..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 259 -- Dishonour of cheque - Conversion of summons case to warrant case - Accused did not make any request for such conversion at commencement of trial - Even, there is no plausible explanation for the same - Conversion of summary trial as summons case to warrant case at this stage..........

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 3(2)(V), Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Special Court - Cognizance of offence - Offence u/s 3(2)(V) of SC/ST Act and Ss.302, 147, 148, 149 IPC - Special Court created u/s 14 of SC/ST Act is also conferred with power of Sessions Judge - Even if an offence is found..........

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal against conviction - Direction to deposit 20% of compensation amount - Accused does not have any source of income, as her financial condition is very weak - Husband of accused died, who was sole earning member of family - Accused..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of issue with regard to S.53-A of T.P. Act - Courts below have not considered issue with regard to defence of defendant u/s 53-A of T.P Act, which is a mixed question of fact and law - Judgments of both the Courts below set aside - Matter remitted back to trial Court for fresh disposal in accordance..........

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 21, Rule 35, 97 -- Execution - Warrant of possession - By breaking open the locks with police assistance - Time for execution of warrant was till 21.03.2020 - However, bailiff on 24.02.2020 broke open the locks without police assistance - Bailiff acted in due haste, possibly apprehending that an interim order may be passed by Court in a..........

CALCUTTA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 14, Rule 2(2)(b) -- Preliminary issue - O.14.R.2(2) CPC provides a window to a Court to dispose of a suit or a part of it on an issue of law provided Court is of view that such issue relates to jurisdiction of Court or relates to a bar in any law for time being in force - O.14.R.2(2) CPC facilities fast tracking disposal of a suit (or a..........

Showing : 81-90 of 951 Results