Showing : 211-220 of 553 Results

RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41-- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC dismissed - Appeal also dismissed - Revision pending in High Court - Defendant also filed appeal against ex parte decree - Held, first appellate Court can still hear and decide appeal during pendency of revision in the High Court...........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Undertaking in first appeal not to transfer suit property till the matter attained finality - Matter will not attain finality merely because of disposal of first appeal but would continue till decree was satisfied - Transfer of property prior to discharge of decree is hit by S.52 of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Contract Act, 1872, Section 62-- Novation - Cannot be permitted to be raised for the first time in appeal - Issue of novation of contract is a mixed question of law and facts - In absence of factual findings, it is not possible to decide such mixed question of fact and law...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Modification of sentence - Revision - Cheque for a sum of Rs.50,000/- issued by accused 2 to 4, on behalf of first accused firm - Said cheque was dishonoured on ground of insufficient funds - Same was proved before trial Court after evidence - Subsequently,..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4-- Dishonour of cheque - Conviction - Release on probation - While convicting accused for offence u/s.138 of N.I. Act, Magistrate ordered for his release by extending the benefit u/s.4 of Probation of Offenders Act - Held, while granting benefit of S.4 of the Act, it is not incumbent on Magistrate to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Land Revenue Act, 1887-- Appeal - Exercise of power - Held, very purpose of preferring appeal to higher forum will be lost if higher forum can only consider in case of rival candidates whether particular decision taken by appointing authority was justified or not - Point for consideration in appeal or revision which ought..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Constitution of India, 1950, Article 14,16-- Chapter 7 Nursing Homes or a polyclinic in Residential Areas - NOIDA Master Plan, 2031, - Not permitted - Neither polyclinic nor nursing home can be run in residential area - Doctors will be permitted to run clinic to provide personal service to outdoor patients and nothing more - Purpose of..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Limitation Act, 1963, Section 5-- Civil P.C. (5 of 1908), S.96 - Delay in filing first appeal by Govt. - Condonation - Court has discretion to condone delay provided sufficient cause is shown - Government organization has its own administrative limitation with regard to movement of files - Necessary procedure as required under..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Respondent demanded money for providing job to petitioner - Petitioner paid money for getting job - Respondent failed to provide such job - Thereafter being demanded respondent issued two cheques for return of money - Held, first part of agreement relating to demand..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Appeal - Production of additional documents - First appellate Court has discussed the merits of document sought to be produced and only after coming to note that all documents are in no way relevant to the case of defendant while dismissing I.A., dismissed the appeal also - Reasoning given by..........

Showing : 211-220 of 553 Results