Showing : 21-30 of 256 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- Summoning of witnesses - Suit for declaration that information/communication ban is illegal and malafide with connected reliefs of damages and loss of reputation - Plaintiff failed to give any cogent reasons as to why senior officers of defendant are being summoned except stating that they are..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the stay of criminal defamation case by claiming benefit u/s..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - In case a decree for damages is passed in civil suit then it does not stand in the way for pursing criminal proceedings for defamation...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - Both the cases are different in nature - Pendency of both the cases does not amount to double jeopardy...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil and criminal proceedings-- Civil suit for damages and criminal proceedings for defamation - `Causing prejudice' - When proceedings against each other are preferred by complainant and accused then proceedings in cross proceedings can cause prejudice to the accused in criminal proceedings and not when both the proceedings are..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficient Court fee - Suit for compensation/damages - There is no objective standard available which can help in determining the amount of compensation - Compensation is subject to variance based on quality of evidence to be led before Court - In such nature of things,..........
KERALA HIGH COURT
Year of decision: 2016
Details
Tort-- Damages - Causation of damage - It is a crucial question in a suit for damages and burden is on plaintiff to prove that damage was caused by wrongful act of defendants - Preponderance of probability is the required standard of proof to prove the cause of damage and the same has to be proved as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(a)-- Divorce - Cruelty - False allegation against wife that she is drug addict - Amounts to cruelty - If being hurt by such unfounded allegation, wife and her father filed a suit for damages against husband, that could not be used by husband to say that litigation caused mental cruelty to him...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Non-description of property - Agreement in question cannot be specifically performed, as there is neither any mention of khasra number or plot which was agreed to be sold by defendant in favour of plaintiff, nor there is any mention of area or width of plot - Decree..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10-- Return of plaint - Lack of territorial jurisdiction - Suit for damages - Plaintiff suffered injury at the time of his birth at Nahan, however, he actually suffered loss at Shimla as well - Initial wrong thus, done at Nahan but its resulting effects and damages/tortuous act of defendants also..........

Showing : 21-30 of 256 Results