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Showing : 101-110 of 3615 Results

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Where two suits are pending before Courts of two separate jurisdiction relating to two separate cause of actions, where subject matter also relates to two separate type of properties merely because one issue regarding Will is common and would have the material bearing, would not attract provisions of S.10..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint sought on the ground that statutory notice of demand not served upon accused - It is a triable issue - A defence available to accused could not have been gone into by Magistrate at the time of taking cognizance of compliant and issuance of process - Ground urged is without any..........

TELANGANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Document in question is a public document, which is issued by a competent authority - Only reason shown by defendant is that document in question is with revenue authorities and there is delay in filing the same - However, said document is relevant and has a bearing on the issue in controversy -..........

MEGHALAYA HIGH COURT

Year of decision: 2022
Details

Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Offence u/ss 7, 8 of the Act - Determination of age of victim - Issue of age determination of victim is an important issue going to root of matter upon which fate of accused is to be decided and as such, such an issue should be decided as a preliminary issue to be answered...........

MEGHALAYA HIGH COURT

Year of decision: 2022
Details

Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Offence u/ss 7, 8 of the Act - Determination of age of victim - Issue of proof or determination of age of victim in a POCSO case, can be raised at any stage of lifetime of the case, even before appellate Forum...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Where an issue could have been raised in earlier proceedings but has not been raised, principle of constructive res judicata would be attracted to deny relief, as it is not the policy of law that multiple proceedings should be initiated in Court in relation to same cause of action...........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque that has been place on record of trial Court also does not indicate as to on which branch the same has been drawn - Accused has in statement recorded u/s 242 of Cr.P.C, specifically denied having issued cheque and further stated that account in question does not pertain to accused - Question of..........

UTTARAKHAND HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 100, 34 -- Second appeal - Issue of S.34 CPC with regards to determination and remittance of interest will not come into play in second appeal...........

Showing : 101-110 of 3615 Results