Showing : 5001-5010 of 69387 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - High Court while dismissing bail application had not assigned any reasons in support of dismissal - Even on remand, High Court again dismissed bail application without setting out facts and assigning any reasons - Impugned order of High Court set aside - Matter remanded back to..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/ss 420, 467, 471, 409, 120-B IPC - Petitioner was working as clerk in municipal Board, therefore, while maintaining files he was acting or purporting to act in discharge of his official duty, hence, sanction for prosecution u/s 197 Cr.P.C was essential -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - To attract protection u/s 197 Cr.P.C., Court is required to see acts/omissions attributed to public servant done by him while acting or purportedly to act in discharge of his official duty...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary injunction - Granted against defendant trust not to interfere with plaintiff's right of seva puja of deities - Order set aside in appeal - Admittedly, plaintiff trust was registered with due process - Right of seva puja was conferred on trust - Possession of trust established on record..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Service-- Appointment - Post of Principal in no, Government College - Person who ranked first in a panel for appointment refused to accept the offer of appointment - Commission recommended the name of second ranked person - However, appointment of second ranked person challenged on the ground that his Ph.D..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Sudden Fight between parties, which is not premeditated - Accused not taken undue advantage of his carrying a ballam in sense of inflicting any other serious injury except a contusion to PW1 - Intention on the part of accused to cause death of deceased is missing - Accused must..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 7-- Arbitration agreement - Arbitration clause - Required to be strictly construed - Any expression in clause must unequivocally express the intent of arbitration - If a clause stipulates that under certain circumstances there can be no arbitration and they are demonstrably clear then controversy..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 8, 85-- Reference to arbitration - Reference to Arbitration Act, 1940 in partnership containing arbitration clause executed much after enactment of 1996 Act - An incorrect reference or recital regarding applicability of 1940 Act would not render entire arbitration agreement invalid - Since agreement in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Appointment of arbitrator - Industrial Fire risk policy - Arbitration clause - Clause in policy specifically stated that if insurer disputed or not accepted liability, no difference or dispute shall be referred to arbitration - Insurance company repudiated the claim by denying to accept liability..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Vendor not in sound disposing mind - Suit rightly dismissed by both the Courts below...........

Showing : 5001-5010 of 69387 Results