Showing : 21-30 of 369 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 420, 418, 421, 422, 424, Criminal Procedure Code, 1973, Section 482-- Cheating - Commercial transaction - Quashing of proceedings - There is no mention in the complaint that accused had an intention to deceive complainant at the very inception when contract was entered into - Subsequent conduct of accused, in the absence of other materials, cannot amount to offence..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18-- Appeal - Partial deposit before DRAT is a pre-condition for considering appeal on merits - On disposal of appeal, either on merits or on withdrawal, or on being rendered infructuous, in case, appellant makes a prayer for refund of pre-deposit, same has to be allowed - Order rejecting claim of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Haryana Urban Development Authority Act, 1977, Section 17(8)-- Revision - Whether HUDA can charge interest @ 18% - None of provisions of 1977 Act or Regulsation framed therein has been pointed out enabling HUDA to charge interest rate @ 18% - Revision of HUDA dismissed with costs of Rs.10,000/-.`..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 181, 192, Criminal Procedure Code, 1973, Section 482-- Rash and negligent driving - Non-fatal accident - Quashing of FIR - Compromise arrived at between parties - Interest of justice would be met, if proceedings are quashed - It is a fit case to exercise the powers u/s 482 Cr.P.C. - FIR and consequential proceedings quashed...........
MADHYA PRADESH HIGH COURT
Year of decision: 2016
Details
Guardians and Wards Act, 1890, Section 18-- Interim custody of child given to grandfather - However, custody of minor given to mother during school vacations - Child refused to go with her mother in open Court - He specifically and repeatedly stated that he want to go with his grandfather - Though impugned order becomes final and binding..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 34-- Money suit - Interest - There is no agreement between parties - Plaintiff not entitled to interest prior to date of suit - Rate of 18% p.a from the date of petition till its realization is on higher side - Interest reduced to 9% p.a...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18, Indian Contract Act, 1872, Section 171-- Pre-deposit made u/s 18 of SARFAESI Act - Bank has no lien over pre-deposit made u/s 18 of SARFAESI Act, as said pre-deposit is not with the bank but with the Tribunal - Moreover, it is not bailment with bank as provided u/s 148 of Contract Act...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
, Section 18, 13-- Partial deposit before DRAT is pre-condition for considering appeal against the order passed by DRT u/s 17 of SARFAESI Act - However, said deposit is not a secured asset, either since the borrower or the aggrieved person has not created any security interest on such deposit in favour of secured..........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 12-- Maintenance - Parties settled their dispute as per terms of memorandum of understanding (MOU) including wife's right to maintenance - Terms of MOU breached - Original cause of action is not revived - Wife can enforce terms of memorandum of understanding and can also seek further reliefs of..........
DELHI HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 1873 days in filing appeal - Acquisition of land - Appellant a villager who can be given the benefit of doubt of his not being in know of the fact that an appeal was required to be filed - More often than not, the land holder/land loser in cases of compulsive..........

Showing : 21-30 of 369 Results