Showing : 771-780 of 1446 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 144, 145-- Dispute amongst co-sharers regarding extent of their shares - To be adjudicated by civil court - Two of the co-sharers executed sale deed in favour of third party - Threat of dispossession at the hands of third party - Held, proceedings u/ss 144 and 145 of the Code maintainable - Decision of a..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal proceedings-- Criminal Proceedings and civil suit - In a given case a civil suit as also a criminal proceeding is maintainable - They can run simultaneously - Result in one proceeding would not be binding on the Court determining the issue before it in another proceedings...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - Cannot be held not maintainable when objector has availed the remedy of declaration suit in respect of his title...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Constitution of India, 1950, Article 14-- Natural justice - Appeal against conviction u/ss 395, 450 and 342 IPC - Certain adverse observations made against defence witnesses without issuing any notice to him - Adverse observations quashed as not maintainable - No person should be condemned unheard...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13(B)-- Co-owners - Eviction petition by one of co-owners who let out the property - Eviction petition is maintainable - Objection by purchaser of property from one of the co-owners that petition cannot be prosecuted without his consent - Object not tenable...........
JHARKHAND HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4, 18-- Anticipatory bail - Informant belongs to Scheduled Caste - Allegation leveled by informant that it were only petitioners `B' and `U' who had insulted and intimidated by calling her "Dusadhin" outside their houses and it was specifically alleged that petitioner `U' had thrashed her by holding her..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - In appeal - Suit dismissed as not maintainable - Appeal not to be allowed in terms of compromise unless the suit is held to be maintainable particularly in the circumstances when petitioner is throughout denying his signatures on the compromise...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 397(2), 91, 311-- Application to produce certain documents and application for recall of complainant for cross examination - Trial Court dismissed both the applications - High Court in revision allowed the same - Held, revision against interlocutory orders is not maintainable - Secondly before allowing application..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2009
Details
Consumer Protection Act, 1986, Section 21(b)-- Revisional jurisdiction - Plea of maintainability of complaint - The point was conceded before the District Forum that complaint maintainable - This point was not taken before the State Commission - The petitioner debarred from taking a position contrary to it at the stage of revision...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 399, Indian Penal Code, 1860, Section 413, 414-- Revision against order accepting final report submitted by police - Revisional Court did not issue notice to appellant - Revision petition belated - No condonation application filed - Revision admitted exparte - Impugned order set aside - Matter remitted back to High Court to consider whether..........

Showing : 771-780 of 1446 Results