Showing : 691-700 of 4319 Results

UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Suit for possession - Defendant in his averments admitted of taking over possession of suit land deeming it Lavaris and Faltu - Possession of defendant thus was not adverse but illegal in nature - Plea of adverse possession rejected - Plaintiff proved its ownership on the suit land - Suit rightly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(c)-- Rejection of plaint - Deficient Court fee - Court as a guardian for State resources must ensure that appropriate Court fee is paid - If it is not properly valued, Court shall follow the procedure as prescribed U.O.7.R.11 CPC to direct the Court fee to be paid and reject the plaint if it is not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 11-- Alibi - Means elsewhere' - Plea of alibi is not one of General Exceptions contained in Chapter IV of IPC - It is a rule of evidence recognized u/s 11 of Evidence Act - However, plea of alibi taken by defence is required to be proved only after prosecution has proved its case against accused...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 324, Evidence Act, 1872, Section 11-- Murder - Plea of alibi - Accused pleaded that on the date of incident he was discharging his duties in school and was not present at the place of incident when occurrence took place - However, three injured eye witnesses assigned specific role as to how accused assaulted deceased who suffered ante..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 35 kg poppy husk - False implication - 35 kg of poppy husk was recovered from possession of accused - It is not possible that such a huge quantity can be planted by police from its own source, that too, just for false implication, as said object can be achieved even by planting lesser..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 16-- Striking out pleadings - If the law as to pleadings is that every averment, which constitutes a step in outlining cause of action motivating the litigation is to be taken at face value and evaluated on the basis of materials and evidence adduced during trial, unless either the action itself is..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Motor Vehicles Act, 1988, Section 166(2)-- Accident - Claim petition - Territorial jurisdiction of tribunal - Claim petition can be filed at a place where insurance company, which is main contesting party, has its business - In such case, no prejudice is caused to any party and there is no failure of justice - High Court was not justified..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)-- Eviction - Sub-letting - Landlady not pressed the issue of sub-letting before Rent Controller - It is not expedient in the ends of justice to give any finding relating to plea of sub-letting at the revisional stage before High Court...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Auction sale - Invalidity of sale - Petitioners/claimants can raise the ground of invalidity of sale U.O.21.R.64 CPC for the first time in Revision petition, even without raising such a plea before Executing Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 39- - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law/defendant - Defendant failed to prove that house purchased from funds of Hindu Joint family property - Plea of daughter-i, law that construction of house in question was raised out of funds provided by..........

Showing : 691-700 of 4319 Results