Showing : 1-10 of 445 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 37, Rule 5(3)-- Summary suit for recovery - Conditional leave to defend - Commercial dealing between parties - Summary suit for recovery filed during pendency of prosecution under N.I Act, which was subsequently unconditionally withdrawn - Plaintiff had option to institute a summary suit at very inception of..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5-- Recovery suit for loan amount - Undefended suit - Defendant never denied and in fact admitted the loan amount received from plaintiff in reply to letters issued by plaintiff - In fact defendant never denied the oral agreement executed between parties - However, defendant never came forward to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c)-- Recovery of 10.496 kgs Charas - Reduction of sentence - Accused is first time offender and sole bread earner of his family - He was then stated to be aged about 42 years and having one daughter to look after - Accused was working as labourer and is a poor person - Sentence of 15 years reduced to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Applicability of S.148 of the Act - Procedure of recovery of fine or compensation from a accused of pending appeal already existed in Cr.P.C, before advent of provision as contained in S.148 of the Act - Provision introduced vide S.148 of the Act, which relates only to recovery of amount partly as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Recovery of intoxicant mixture - Search and seizure - Prosecution proved its case against accused beyond reasonable doubt - All the codal formalities were completed on the spot - Samples reached in the office of Chemical Examiner safe and sound - Statements made by official witnesses inspire..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Industrial Disputes Act, 1947, Section 17B-- Termination - Re-instatement - Payment of back wages - Termination order upheld - Recovery of amount already paid - If Court/Tribunal eventually upholds termination order as being legal against workman, yet employer will have no right to recover the amount already paid by him to delinquent workman..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Prevention of Corruption Act, 1988, Section 13(2), Evidence Act, 1872, Section 3-- Illegal gratification - Appreciation of evidence - At the first instance, accused `Rakesh' was not charge-sheeted u/s 13(2) PC Act, therefore, he cannot be convicted for the same - Even, recovery of Rs.34,86,600/- from the house of his wife cannot be attributed to him - Moreover, said money was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138-- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be produced is admittedly..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get..........

Showing : 1-10 of 445 Results