Showing : 31-40 of 122 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Rejected on the ground of no, submission of application for condonation of delay - Due to lack of suitable advice to be given to party by his advocate, delay condonation application not filed - Party therefore, should not be made to suffer for something which was..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aide - Suit for declaration - Summons not personally served upon defendant, as plaintiff himself signed as witness of service of summons and no independent witness signed on summons - Contention of plaintiff that defendant engaged two counsels which proves the knowledge..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Auction sale - Objections - Respondents/objectors not in possession of suit property prior to passing of decree - Predecessor of respondents was party to sale certificate which respondents never challenged - Suit was duly contested by original defendants for a long period of 30 years -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Negatives of photographs - Court below rejected the application on the ground that negatives not mentioned in the list of reliance and affidavit of photographer, who allegedly clicked the photographs - However, it would be appropriate if trial Court considers the application..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Substitution of L.R's by setting aside abatement and condoning delay - Deceased plaintiff not survived by her own son and daughter - Sons of brother of plaintiff is not so easily to be known to others - It is sufficient cause for delay causing substitution of LRs - Rejected of petition for..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint rejected without affording opportunity of hearing to parties - Several rights decided without properly considering them - Trial Court acted in exercise of its jurisdiction illegally or with material irregularity - Impugned order of rejecting plaint set aside - Matter..........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint for no, appearance of complainant - As per evidence on record, complainant was absent and his counsel applied for leave and sought for an adjournment which was rejected by Court below as there was a specific direction to produce complainant for evidence..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9-- Second appeal - Death of both plaintiffs and defendants - Abatement of second appeal - Substitution of LR's - Second appeal abated within knowledge of parties, but they did not care to get its abatement set aside deliberately for long time - Appeal abated in the year 1994 and substitution..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 6(ii)-- Parole - In the instant case, application for temporary release of petitioner on parole for agricultural purposes was rejected - Family of petitioner resides in village and his parents have died - Moreover, agricultural land is in the name of petitioner and there is no one else except petitioner..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Constitution of India, 1950, Article 226-- Allotment of land - For the purposes of manufacturing salt - Land reserved for the said purpose no more available for allotment - Application for allotment of land dismissed - Revision filed after 5 years of said dismissal rejected on the ground of delay - Matter was challenged again before High..........

Showing : 31-40 of 122 Results