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KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by plaintiff - Order pertains to hearing additional issue regarding maintainability of suit as preliminary issue - Pecuniary jurisdiction of Court is determined by Valuation made by plaintiff as per plaint and not on contention taken by defendant - Moreover, question of pecuniary jurisdiction..........

DELHI HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant failed to make payment in terms of previous MOU, as cheque issued by defendant got dishonoured - Plaintiff filed a complaint u/s 138 of N.I. Act - Settlement again arrived at between parties before Mediation - Defendant contended that said settlement supersedes the..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory injunction - Objection regarding maintainability of suit being barred by law was raised by defendant - Court below not examined the issue raised by defendant while discussing relevant provision invoked by him in the backdrop of subject matter of suit - Though Court is not expected to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Proceedings -- Mentioning of caste/status separately in criminal proceedings - Amounts to colonial legacy and requires to be stopped forthwith - Therefore, Secretaries (Home) to Governments of Punjab, Haryana and U.T., Chandigarh are directed to issue instructions to all I.O. not to state/mention caste of accused, victims or witnesses in recovery memos, FIRs,..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Consumer Protection Act, 1986, Section 23 -- Deletion of respondent No.2 from array of parties - Allotment of flats to allottees of real estate project - Material on record does not show that respondent No.2 is unconnected with project or impleaded as a party to proceeding without any reason or basis - Issue as to whether and if so, what relief can be ultimately granted in..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Electricity Act, 2003, Section 135, 152 -- Theft of electricity - Compounding of offence - Quashing of FIR - Matter settled in Lok Adalat - Appellant filed the petition u/s 482 Cr.P.C for quashing FIR - High Court dismissed petition without examining the issue in the light of S.152 of the Act - Impugned order of High Court set aside - Matter remitted back to High Court to..........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Constitution of India, 1950, Article 329, 226, Representation of the Peoples Act, 1951, Section 81 -- Election matter - Writ jurisdiction - Issue with regard to rejection of nomination - Can be raised for consideration and determination only in election petition after completion of election process - Interference under Art.226 of Constitution is not permissible, in view of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Suits Valuation Act, 1887 -- Sale effected by defendant not assailed - In absence of any declaration such sale could not be set aside - Relief of possession does not include the relief of declaration - As there was no issue regarding validity or otherwise of sale deed as such sale deed cannot be set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Special Marriage Act, 1954, Section 49 -- Marriage certificate - Change/amendment of name in marriage certificate - Change/amendment of name was sought on strength of documents issued subsequent to Marriage certificate - Authenticity of such documents placed on record is not under doubt - It is not a correction of error in marriage certificate - S.49 of the Act would have..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Special Marriage Act, 1954, Section 24, 4 -- Annulment of marriage - Petition by husband - Suppression of factum of first marriage by husband - Plea of customary divorce taken by husband - However, there was no specific issue framed on the alleged customary divorce - Neither there was any issue that wife has knowledge of first marriage of husband, nor husband has led any..........

Showing : 131-140 of 2928 Results