Showing : 991-1000 of 4605 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Adverse possession -- Plea of adverse possession is not a pure question of law - It is interpretation based on following text mechanism: (a) On what date defendant came into possession (b) What was the nature of possession (c) Whether factum of possession was known to plaintiffs (d) How long his possession had..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 106-- Dishonour of cheque - Burden to prove - When it is within the knowledge of accused as to why he is not to face the trial u/s 138 of Act, he is to take plea of defence and burden cannot be shifted upon complainant - No presumption, therefore, can be drawn that even if accused has failed to bring..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Appeal against acquittal - Agreement to sell - Plea by accused that cheques in question were issued under fear and pressure held, believable - As attorney of complainant admitted in his cross examination that complainant made a complaint to police authorities where compromise..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 413, 414-- Death sentence - Delay in execution of death sentence - Commutation to imprisonment for life - Governing principles - (i) An undue long delay in execution of sentence of death would entitle a condemned prisoner to approach the constitutional Court seeking commutation to imprisonment for life; (ii)..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit - Permissibility - Plaintiff failed to prove that suit has suffered from any formal defect - Except raising a vague plea that defendants have intended new concepts, plaintiff has not explained as to what those concepts were and whether they..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff pleaded that only averments made in plaint alone have to be taken into consideration and that documents filed along with plaint cannot be looked into - When the particular document forms the basis of plaint, said document has to be treated as part of plaint as being..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Recovery of 260 gms of Dextropropoxyphene - Secret information - Non-compliance of provision of S.42 of the Act - Accused pleaded that since no intimation was sent to higher authorities, there is non compliance of S.42 of the Act - Plea rejected as recovery was effected from public place, thus,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13-- Eviction of tenant - Objection with regard to applicability of rent act - When petition was first withdrawn on non applicability of rent act, tenant had no objection in the event of fresh civil suit being filed and has not raised any specific plea that demised premises as per provision of S. 1(3)..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Plaint - Non disclosure of material facts - Non mention of fact of filing of earlier suit in Bombay High Court - Plea that on account of similarity between previously instituted suit and the present suit and reliefs claimed thereunder, the factum of having filed the previous suit becomes a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 118-- Presumptions as to negotiable instruments of consideration - Appellant took plea that his signatures on promissory note and receipt is result of misrepresentation and fraud - Appellant have not brought any evidence except own self serving statement to prove the plea of fraud and misrepresentation..........

Showing : 991-1000 of 4605 Results