Showing : 921-930 of 4393 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..........
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,..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15-- Recovery of 1 kg poppy husk - Recovery effected from the shop of accused - Accused pleaded that he was not the owner of shop - There was no need for prosecution to produce any documentary evidence to prove the ownership of shop as it is duly proved by prosecution that accused himself was found to..........
KERALA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent prohibitory injunction - No case made out by plaintiff that defendants were attempting to cause damage or mischief to property - Lower Court granted the relief without any plea of foundational facts in plaint - Moreover, Court also granted a decree of declaration of appellant's 1/5th..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 118-- Exchange - Once the exchange is proved on record its validity flows from document in question which is coupled with delivery of possession of exchanged property - Plea of defendant that transaction was only an agreement of exchange cannot form any basis for treating the instrument to be not..........

Showing : 921-930 of 4393 Results