Showing : 41-50 of 3749 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(12)(a)-- Appointment of sole arbitrator - Impleadment of no, signatory party to an arbitration agreement - Agreement executed between applicant and respondent no.1 having arbitration clause - Respondent no.2/Belgium Company was neither signatory to arbitration agreement nor did have any causal connection..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraint order cannot be passed against a person who is not party to the litigation...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10-- Temporary injunction - Restraint order passed against appellants whose application for impleadment was pending - Restraint order cannot be passed against a person who is not party to the litigation as it is against basic tenets of law besides gross violation of principles of natural justice -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Claim of right of staircase and path as easementary right - No boundary dispute - Plaintiff to prove his easementary right - Court is not to create evidence for the party to prove its case - Application rightly dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 376(2)(n)-- Kidnapping and rape - Prosecutrix left the house on her own free will - FIR lodged after a delay of 3 days - Mother of prosecutrix stated that she saw her daughter leaving and she called her but prosecutrix walked away and accused followed her - Prosecutrix remained with accused for more than a..........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 188-- Offence u/s 188 IPC - S.188 IPC does contemplate an order passed by a civil Court in a suit - Word "promulgated" in S.188 IPC does not refer to an order passed by a public servant during course of proceedings between two parties in a suit - S.188 IPC applies to orders made by public functionaries..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a hyper technical approach has to follow a approach which is more humane and justice oriented...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 378, 380-- Theft - Mere taking away of documents temporarily and using them in pending litigations between parties i.e in Company petition, would not amount to theft, particularly when in using the documents, there is no dishonest intention to cause wrongful loss to other party and wrongful gain to party..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff..........

Showing : 41-50 of 3749 Results