Showing : 21-30 of 764 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Order 3, Rule 1-- Family Court - Duty bound to follow the Code of Civil Procedure as it is deemed to be a Civil Court for the purposes of provisions of the Act and possesses the powers of a Civil Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 6, 10-- Sexual assault of two minor girls by their step father - Plea of false implication - Accused stated that complainant/mother of victims planted a false case upon her as she wanted to live with someone else and he opposed the same - Complainant admitted her marriage with said person thereby lending..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 6, 10-- Sexual assault of two minor girls by their step father - Evidence on record reveals that a palpable and substantial doubt is cast on prosecution version - Statement of complainant as well as of victims does not inspire sufficient confidence to convict accused - Moreover, no details whatsoever have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 118, Protection of Children from Sexual Offences Act, 2012, Section 6, 10-- Testimony of child witnesses/victims - Sexual assault of two minor girls by their step father - Child witnesses are not competent to depose as per Magistrate - However, barely after 2 months thereafter both the victims when examined gave graphic details of alleged incident before trial Court -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Subject matter of both the suits not required to be identical, as per S.10 CPC - However, even if cause of action in subsequent suit is substantially similar, then subsequent suit is required to be stayed...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Fate of subsequent suit for eviction is depended on fate of earlier suit for specific performance - If defendant succeeds in his suit for specific performance and decree is executed he would become owner of suit property - In such event, defendant would not be entitled to..........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24-- Appeal against acquittal - Leave to appeal - Applicability of Limitation Act - Provision of S.378(5) Cr.P.C is a special provision which has no express provision excluding application of S.5 or S.14 of Limitation Act - In view of S.29(2) of Limitation Act, provisions of Ss.4 to 24 of Limitation..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - A suit instituted prior in point of time cannot be stayed in application u/s 10 CPC and what can be stayed is subsequent suit...........
DELHI HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 354, 324, 308, 84, Protection of Children from Sexual Offences Act, 2012, Section 10-- Offence u/s 354, 324, 308 IPC and S.10 of POCSO Act - Plea of insanity - Version of complainant is totally contrary to contents of complaint and in conformity with alleged history given in MLC of fall from stairs - Evidence on record shows psychiatric illness, intelligence quotient of accused..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Proceedings pending before Sub Registrar - Subsequently civil suit filed for partition - Two different cases not pending before two different civil Courts - Proceedings pending before Registrar cannot be termed as suit pending before competent civil Court - S.10 CPC is not..........

Showing : 21-30 of 764 Results