Showing : 6091-6100 of 45326 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Power U.O.38.R.5 CPC is drastic and extraordinary and the same must be used sparingly and not in a mechanical manner...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Essential requirement for order of attachment is mala fide intention and conduct of defendant in disposing of property with dishonest intention of defeating or delaying the decree that may be passed in the suit...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Specific particulars or details of property which the defendant is intending to sell has to be given in the application - In the absence of the same application U.O.38.R.5 CPC not maintainable...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Jurisdiction of Court to order attachment before judgment arises only when it is satisfied by Affidavit, supported by particulars that defendant is about to dispose of whole or any part of property with intention to obstruct or delay the execution of decree that may be..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 149-- Murder - Common object to murder cannot be inferred only on the basis that weapons carried by accused were dangerous...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 326, 149-- Murder - Unlawful assembly - Common object - Finding of commission of offence u/ss 326, 149 IPC can be recorded against members of an unlawful assembly even if it is established that offence u/s 302 IPC was committed by one member of such assembly...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 149-- Unlawful assembly - S.149 IPC does not become inapplicable in all situations where there is a cross case by accused...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 324, 325, 149, 34-- Murder - Unlawful assembly - Common object - Accused allegedly formed an unlawful assembly, armed with weapons attacked the complainant and caused injuries to others who came to his rescue - Attack made by accused does not show that there was common object of murder amongst the accused - No..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Ex parte decree - Validity of ex parte decree cannot be challenged before executing Court - Executing Court cannot go behind the decree - If defendant is aggrieved by ex parte decree passed by Civil Court, it is open for him either to file an application before trial Court for setting..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 239, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109-- Discharge - Dismissal of application - Disproportionate assets - In the instant case, charges framed against wife of public servant for abetting her husband in accumulating disproportionate assets - However, I.O. has not come to any such conclusion in respect of petitioner - Moreover, I.O...........

Showing : 6091-6100 of 45326 Results