Showing : 6071-6080 of 46184 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 152-- Correction of decree - Correction required to go into merits of case - Cannot be examined in the proceedings initiated u/s 152 CPC...........
MANIPUR HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376(2)(g), 34-- Gang rape - Common intention - Accused with co-accused took victim forcibly in car and one of accused committed offence of rape behind school - While victim was being raped by one, other persons did catch hold of her legs and hands - After said accused got his lust satisfied, did drop victim by..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Relief claimed arising out of same cause of action ought not to be split into separate suits in as much as parties are not to be vexed twice by splitting the claims or remedies - This of course cannot inhibit a fresh suit to be instituted for relief in respect of which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 302, 148, 149-- Bail - Two versions regarding occurrence - No specific injuries attributed to petitioner - Role of petitioner to be determined during trial - Challan presented - Bail allowed...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - If earlier suit was filed only for recovery of possession of immovable property with no claim made for relief of mesne profits, second suit for recovery of mesne profits for the period subsequent to the filing of suit for recovery of possession may be instituted - Bar..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Bar of subsequent suit - Omission to claim relief in earlier suit - Such relief amounts to explicitly relinquished - Plaintiff is not entitled thereafter to sue again for such relief so omitted or relinquished, in the previous suit...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Subsequent events - Dispossession after filing of suit - Amendment sought after a delay of more than one year eight months of the subsequent event - No reason for said delay - Moreover, there is no prayer for possession and if plaintiff is dispossessed after filing of suit,..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397-- Dishonour of cheque - Dismissal of complaint in default - Acquittal of accused - Revision against order of acquittal is not maintainable, as only remedy available to complainant is to prefer an appeal u/s 378(4) Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent injunction - Defendant taking plea first time in second appeal that erstwhile owner has executed unregistered sale deed of suit property in his favour at the time of filing of suit - No such plea taken before First Appellate Court - Said plea cannot be considered..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58-- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a claim petition...........

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