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Showing : 101-110 of 2928 Results

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 15 -- Cancellation of gift deed in favour of grandson executed by grandfather - Judicial review/writ petition - Maintainability - Maintenance Tribunal and Appellate Tribunal being quasi-judicial bodies are inferior to High Court - Tribunals constituted under the Act are an alternative redressal..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 15, 151, Order 7, Rule 10 -- Jurisdiction of Court - Excess valuation of suit to make it come under jurisdiction of Court concerned - Plaintiff is true dominus litius and no prejudice is caused to defendant due to valuation as forum chosen shall be equally available to both the parties - Even otherwise, objection regarding excess..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - However, said prayer was already made in earlier suit filed by plaintiff which was withdrawn without permission of Court to withdraw the suit with liberty to institute fresh suit - Plaintiffs thus, precluded from..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue regarding inter se share between parties already decided by civil Court decrees, which attained finality, as they were never challenged - Same issue taken in consolidation proceedings - DDC thus, rightly held that issue regarding share of parties was barred by principle of res judicata...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 26, Rule 9, 10(2) -- Appointment of local commissioner - When the expert is appointed as commissioner by Court in a civil case at the instance of one of party, Court may issue commission to such expert for the purpose of elucidating the matter in issue, by directing him to make such investigation and to report thereon - Report of such a..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Magistrate before cancelling bail is required to issue notice to accused so as to afford him an opportunity to explain as to why bail should not be cancelled - Said course not adopted by Magistrate - Order of cancellation of bail set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bond - Before recording satisfaction that breach is committed, Court is required to issue notice and after affording an opportunity to offer any explanation, if Court is not satisfied with said explanation offered by accused, then he has to record such satisfaction that terms of bond have been breached which alone..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Second application moved by accused u/s 391 Cr.P.C on the same issue without any material change after 7 months of rejection of first application u/s 391 Cr.P.C - However, Appellate Court proceeded to allow the..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - `No instructions' - Counsel not intimating plaintiff - Court also did not issue fresh notice to plaintiff - Factum of reporting no instructions without informing plaintiff by counsel of plaintiff constitutes sufficient cause within meaning of O.9.R.9 CPC - Suit restored...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Plea that pages 3 & 4 of the agreement are tampered and their signatures are fabricated - When specific issue is already framed regarding agreement being tampered and fabricated as alleged by defendant, it cannot be said that there are categorical and unconditional..........

Showing : 101-110 of 2928 Results