Showing : 431-440 of 50005 Results

MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Concept of dominus litis - It is for plaintiff to choose a party as a defendant since he is dominus litis and no one can force plaintiff to add any party as a defendant in suit - However, concept of dominus litis will not strictly apply in a suit for partition since in..........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 9, 20-- Jurisdiction of Court - Parties by agreement can confer jurisdiction upon a Court otherwise having jurisdiction, by ousting jurisdiction of other Courts...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Counter claim - Impleadment of a party - Partition suit - Defendant wants to add certain parties as defendants, as they are necessary and proper parties to suit - Counter claim is in the nature of cross suit - Defendant held, entitled to add them as defendants, since he is dominus litis in so far..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506(2)-- Offence u/ss 323, 325, 147, 148, 149, 504, 506(2) - Cross-cases between parties relating to same incident - Complainant was convicted in cross-case and appeal against the same is pending - Injury caused to complainant by exercise of right of private defence by accused, when assault made by..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 245, 244-- Discharge - Accused cannot invoke jurisdiction u/s 245(2) Cr.P.C, unless he appears or is brought before Magistrate - To reach the stage of S.245 Cr.P.C, it is necessary that trial must begin in view of S.244 Cr.P.C, when accused appears or is brought before Magistrate...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 245, 244-- Discharge - Mere pendency of civil litigation between parties cannot be a ground to discharge accused...........
PATNA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 448, 511, Evidence Act, 1872, Section 3-- Rape - Appreciation of evidence - From the evidence available on record, it is evident that none is an eye witness to occurrence - Even as per allegation it is evident that allegation is not at all found duly substantiated and even if evidence is accepted, victim was only lying down and then her..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302-- Murder - Gunshot injury being cause of death established by medical evidence - No inconsistency found as to presence of eye witnesses at the location at the time of occurrence - None of two eye witnesses shaken during cross-examination and they had struck to recollection of facts relating to..........
PATNA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 362-- Review/recall of order - Opposite party addressed letter to Chief Justice of High Court, which was treated as Public Interest Litigation (PIL) - On the very same date an ex parte order of cognizance was passed on the basis of said letter - Said order suffered from violation of principles of..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4(2), Evidence Act, 1872, Section 3-- Affidavit - Evidence by way of affidavit - Not evidence unless an opportunity of cross examination of deponent is given to the other side...........

Showing : 431-440 of 50005 Results