Showing : 1-10 of 120 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3-- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for mandatory injunction - Objection regarding maintainability of suit being barred by law was raised by defendant - Court below not examined the issue raised by defendant while discussing relevant provision invoked by him in the backdrop of subject matter of suit -..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d)-- Rejection of plaint - Res judicata - Trial Court rejected plaint without proper pleadings, framing of an issue of limitation and taking of evidence - Question of limitation and res judicata is mixed question of law and fact, which may require not only examination of plaint but also other evidence..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 451, 457-- Release of gold and silver ornaments etc. - Application filed by wife of accused against whom case is registered u/ss 13(1)(e), 13(2) of P.C Act - Court below rejected the application on ground that if interim custody of ornaments is given to applicants, there is every chance of changing their..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent and mandatory injunction - Claim of plaintiff based on plea of easement of necessity as also prescription - However, plea of easement rejected by Court below but suit decreed on the ground that suit land was classified as `share-aam-rashta' in revenue record - Findings of Court below is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of regular bail - While cancelling bail of petitioners Court below has not followed proper procedure and has rather decided application for cancellation of bail in a manner as if application for bail is to be rejected - Whereas, criteria for cancelling bail is on different footing and..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte order - Setting aside - Tribunal rejected application of petitioner on ground that despite knowledge of case pending against him he has gone to work at place `M' - Reason given by Tribunal is not justified as petitioner failed to contest proceedings before Tribunal due to communal clashes..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Government Contract-- Breach of dealership agreement - Termination of dealership - Single Judge upheld the respondent's termination letter of dealership and considered it proper to grant liberty to respondent to file a representation to appellant for consideration of his case for restoration of his dealership -..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Summoning of witness as Court witness - Murder case - Summoning of brother of deceased on the plea that accused is falsely implicated - Accused relies upon recorded conversation between brother of deceased and mother of accused, wherein he is alleged to have threatened mother of accused and asked..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 155, 145-- Impeaching credibility of witness - Confrontation to his earlier admitted statement recorded u/s 161 Cr.P.C - Accused has a right to get a fair trial and for that he is required to be given reasonable opportunity to defend himself in trial to permit him to confront witnesses with statement and..........

Showing : 1-10 of 120 Results