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Showing : 761-770 of 3271 Results

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Non performance of marriage - Non return of gifts given to daughter - Dispute between parties is purely of civil nature and petitioner can file suit for recovery of articles - No criminal offence is made out - Cognizance taken by trial Court rightly set aside by revisional Court...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 6(e), 6(g) -- Rejoinder to counter claim - Rejoinder not filed by plaintiff inspite of number of opportunities - However, where plaintiff has to admit portion of defendants case and contradict another portion of it, it is always advisable to file subsequent pleading by way of reply - Trial Court allowed request of plaintiff by..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Ready and willing - Plaint and documents on record shows that it was specifically pleaded that buyer was ready and willing to perform his part of contract - Even evidence of PW1 proves readiness and willingness on part of buyer, as buyer has taken prompt steps to file suit for specific performance as soon as execution of sale..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Application of wife for setting aside decree on ground of fraud, coercion and undue influence - Wife already led evidence - Application of wife dismissed on an application being filed by husband holding that wife should file appeal before High Court - Held, as District Judge had opted to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Bar to fresh suit - Earlier suit was withdrawn on account of developments which were beyond the control of plaintiff - Cause of action to file the present suit arose in favour of plaintiff after service of notice - Held, suit is not barred U.O.23 CPC...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Not permissible on the basis of plea in written statement which can be rebutted by plaintiff in replication...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Purpose of O.23.R.1(3) is not to allow parties to fill up lacuna - Formal defect and sufficient cause have to be culled out from the averments which are so made by applicant in an application filed under the said provision...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Section 14 -- Exclusion of time - Previous suit filed before competent Court but with certain defect - In said circumstances, Court can extend benefit of S.14 of the Act by allowing suit to be withdrawn with permission to file a fresh one...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Application for removal of name of accused from charge sheet - Beant Singh Murder case - Merely because period of 22 years elapsed after the incident and accused succeeded in avoiding his arrest for a considerable long period, is no..........

PATNA HIGH COURT

Year of decision: 2017
Details

Succession Act, 1925, Section 276 -- Will - Probate - Locus standi - Limited interest of life time was given by testator to his Daughter-i, law under Will and after her death other legatees/ancestors of petitioners will come in possession of property - Petitioners filed application for probate in the lifetime of daughter-i, law - Petition for probate held, not..........

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