Showing : 61-70 of 17586 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Service of summons - Summons duly served - Burden is on defendant to prove that summons in fact does not contain his signature or that it bears his forged signatures - It was the burden of defendant to lead positive evidence to prove that summon does not bear his..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 23-- Penalty - Non-payment of tax - Penalty becomes payable at the rates specified in R.4 of Taxation Rules within prescribed period - Since show cause notices were issued and after hearing appellants penalty was imposed, no interference warranted in imposition of penalty for no, payment of tax within..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 200, 203-- Second complaint on same allegations - Not barred when in first complaint there was no conviction, acquittal or discharge - If dismissal of complaint was not on merit, but on default of complainant, second complaint on same facts is maintainable - But if dismissal of complaint u/s 203 of the Code..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - Objectionable communication through phone between accused/wife and his friend - When one partner does such activity clandestinely, then it pre-supposes guilty mind - However, such an act or guilty mind cannot be substituted for mens rea as required u/s 107 IPC - Guilty mind..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Plea of undue influence - Merely because parties are related to each other or merely because executant was old or weak character, no presumption of undue influence can arise - Court must scrutinize the pleadings to find out that such plea is made out before examining whether undue..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 409-- Misappropriation of public funds - No evidence on record to show that missing cash vouchers were entrusted to accused or accused was custodian of the same at any time - No offence made out against accused from the contents of FIR and material available on record - Even a suspicion does not arise..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 156(3)-- FIR - Registration of FIR on the direction of Executive Magistrate - Not permissible - Executive Magistrate has no role to play in directing police to register an FIR on basis of private complaint lodged before him - If complaint is lodged before Executive Magistrate regarding an issue over which..........
KERALA HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14-- Cognizance of offence - Magistrate had no jurisdiction to take cognizance of offence under SC/ST Act in view of amendment Act 2015 - Only Special Court established u/s 14(1) of the Act shall have power to directly take cognizance under the SC/ST Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 307, 149, 148-- Murder - Incompatibility between post mortem report and FSL report - Post-mortem report describes that there were only two wounds in the body of deceased, one being entry and other exit wound - Allegedly a bullet was still recovered from ashes of deceased - FSL report shows that bullet was charred..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Maharashtra Village Panchayats Act, 1958, Section 35(3), Maharashtra Gram Panchayat Rules, 1958, Rule 35(3B)-- No confidence motion - Expression "who are for the time being entitled to sit and vote" means number of members who are entitled to sit and vote in a meeting and not members present and voting...........

Showing : 61-70 of 17586 Results