Showing : 5521-5530 of 32623 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Eviction suit - Structural change - Trial Court came to a definite finding on structural alteration which is endorsed by first appellate court on re-appreciation of evidence - High Court in second appeal was not justified in upsetting the finding which is a pure question of fact...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR at preliminary stage - Where from the perusal of FIR and evidence collected, a cognizable offence is disclosed to have been committed by a person, High Court should not quash such an FIR at a preliminary stage in exercise of its power conferred upon it u/s 482 Cr.P.C. or u/art 226..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Finding of fact - Even if finding of fact is wrong, that by itself does not constitute a question of law - Wrong finding should stem out on a complete misreading of evidence or it should be based only on conjectures and surmises...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 15-- Offence u/ss 420, 120-B IPC and S.15 of P.C. Act - Quashing of FIR - Allegation that tenders were invited for supply of drawing copies of 80 gsm - However, petitioners supplied copies of 58 gsm without inviting fresh tenders in violation of procedure prescribed under provision of GF & AR - Prima..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 47, Rule 1-- Impleadment of legal representatives - Remedy against - Aggrieved has to first approach the forum which wherein order O.22.R.3 CPC was passed impleadment of one party alone and not a writ petition directly...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Appeal against conviction - Appeal admitted but sentence not stayed - If sentence awarded to accused is not suspended and is continued to be incarcerated in custody during pendency of appeal, very purpose of filing of appeal would be frustrated -..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Delay of two years in filing application - Condonation of delay - Defendant failed to file an affidavit explaining the delay and setting out sufficient cause for filing application to set aside ex parte decree after long lapse of more than two years - Dismissal of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Bar U.O.2.R.2 CPC - Res judicata - When the reliefs sought under different special Acts are different and when cause of actions are also different then concept of res judicata and provisions of O.2.R.2 CPC do not apply...........
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...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Auction sale - Setting aside - Earlier application of petitioners U.O.21.R.89 CPC was not maintainable for not depositing the amount - However, that does not debar petitioners from filing present application seeking permission of Court to deposit the amount dehors the provisions of O.21.R.89 or 92..........

Showing : 5521-5530 of 32623 Results