Showing : 2381-2390 of 33566 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, 4-- Anticipatory bail in an offence u/ss 3, 4 of Act of 1989 - Not permissible in view of an express bar u/s 18 of Act of 1989 - However, summoning Court can grant bail on merits to which there is no statutory bar...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Permissibility - Proposed amendment may affect the party and will also take away effect of judgments and decree - There is also possibility of rehearing of suit inviting additional written statement as well as evidence from both sides - More so, there is no..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 193-- Summoning of additional accused - Sister of deceased who first reached place of occurrence did not name either of petitioners as an assailant - Even injured and independent witness not named the petitioners - Prosecution not gave any such evidence which convinced Court to record a satisfaction of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Work contract between parties - Triable issues made out by defendant for the reason that there is prima facie acknowledgment of a representative of plaintiff acknowledging over payments to plaintiff - Prima facie allegations of fraud and connivance..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - Non-framing of points of determination - It is mandatory for First Appellate Court to frame points of determination while deciding first appeal - Since said requirement of law not fulfilled, as such First Appellate Court has committed illegality in not making compliance of O.41.R.31..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145, 146-- Proceedings u/ss 145, 146 Cr.P.C. - Encroachment of Municipal Board's Land - Executive Officer (Municipality) cannot have taken recourse of proceedings u/ss 145, 146 Cr.P.C. against a private individual - If at all the individual concerned were causing public nuisance, recourse was to be taken of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Irregularity in service - If defendant knew of the proceedings and yet choose not to appear, then mere irregularity in service does not make ground for setting aside ex parte judgment and decree...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Suit for recovery - Defendant got Court record inspected through advocate after passing of ex-parte decree and filed application U.O.9.R.13 CPC after 1-1/2 year without being accompanied by application for condonation of delay - Moreover, defendant entered into..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860-- Summoning of additional accused - Material contradictions in the statements of PWs regarding manner in which incident took place - Ex-facie after testing evidence and material available on record is not such which can convince the Court regarding existence of evidence stronger than that required..........
PATNA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A-- Recovery of 4 quintals of ganja - Samples were not prepared at the place of seizure, but when, how and by whom sample was prepared nowhere mentioned - No Malkhana register produced showing safe custody of seized Ganja - Procedure as prescribed by S.52-A of the Act, for preparation of inventory,..........

Showing : 2381-2390 of 33566 Results