Showing : 1-10 of 1580 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Deficiency of service - Breach of duty of care - Death by drowning in swimming pool at hotel - Existence of duty of care - Since facility of swimming pool was available for use by guests of hotel, there was close and proximate relationship between management involving maintenance of safe..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 54-- Limitation - Suit for specific performance - Date fixed for performance of contract - Plaintiffs were given right to get sale deed executed through Court in case failure on part of defendants to execute sale deed on fixed date - They filed suit 12 years after date fixed for performance - Silence..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Failure on the part of plaintiffs in not paying monthly instalments, not collecting rent from tenant living in suit property, not paying house tax etc., not taking action for eviction of tenant, shows that they were not ready and willing to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 149, 34-- Alteration of charge from S.149 IPC to S.34 IPC - If common object which is subject matter of charge u/s 149 IPC does not necessarily involve a common intention, then substitution of S.34 IPC for S.149 IPC might result in prejudice to accused and ought not therefore to be permitted - But if facts..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 216, 386, 464-- Alteration of charge - An alteration of charge where no prejudice is caused to accused or prosecution is well within powers and jurisdiction of Court including Appellate Court - It is only when any omission to frame charge initially or till culmination of proceedings or at appellate stage results..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11-- Expression `matter ought to have been taken as ground of attack or defence in earlier proceedings' - Means that matter is of such a nature and character and bears such a connection with controversy in earlier case that failure to raise it in that proceeding will debar party from agitating it in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Service-- Non-communication of Annual Confidential Reports (ACRs) - Failure to communicate ACRs deprived the appellant of opportunity to submit his representation in the matter of financial upgradation - Though, subsequently, appellant was furnished with an opportunity to submit his representation before..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340, 341-- Application u/s 340 Cr.P.C - Dismissal of application filed in civil Court - Appeal challenging said order was rightly entertained as Civil Miscellaneous Appeal and thus governed by provisions of CPC - Failure of legal representatives of deceased appellant to get themselves impleaded in appeal..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B-- Dowry death - Cruelty - Presumption as to - Allegation against father-in-law and mother-in-law of deceased - Death occurred within 7 years of marriage of deceased - Demands for dowry by accused as well as husband and ill-treatment/cruelty on failure to meet the said demands is on record - Death..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 11-- Plea of alibi - Murder case - Failure to establish plea of alibi can only be pressed into service as a additional link but not an incriminating link...........

Showing : 1-10 of 1580 Results