Showing : 11-20 of 40 Results

PATNA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137-- Affidavit of examination-in-chief - Bald statement that everything written in plaint is correct - Even there is no reiteration of statements made in plaint - There is no requirement at all for the defendant to cross examine him on those issues...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304B, 498A, 201, Dowry Prohibition Act, 1961, Section 3, 4-- Dowry death - Cruelty - Demand of dowry - Deceased died within 5 years of her marriage in her matrimonial home - Deceased alleged to be set ablaze by accused persons - However, there was no sign of fire or any burnt article or any mark of smoke on walls or roof - Only on the basis of fact that..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 34, 16-- Arbitration award - Setting aside - Objection as to jurisdiction - Not permissible to be raised after filing of written statement - There is prohibition on a party from raising a plea that Tribunal does not have jurisdiction after the party has submitted its statements of defence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Pleadings in civil suits are restricted to plaints and written statements - After issues are framed replication cannot be filed as a matter of right to controvert the pleas taken in written statement - Pleas taken in written statement which are new can only lead to framing issues -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Ex parte order - Setting aside - Once there is specific allegation regarding fraud, misrepresentation, coercion as well as pressure and getting the signatures on blank paper then Court has rightly allowed the application of defendants and allowed to appear and contest the suit by filing the..........
CHHATTISGARH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Offence of cheating - Accused alleged to have entered into agreement to sell an open land to complainant and received consideration - Thereafter, despite repeated requests of complainant, accused did not execute sale deed and later on she sold disputed land to someone else - In..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Applicability - Matter directly and substantially in issue - On comparison of pleadings in three suits it would go to show that issue raised in present suit was directly and substantially in issue in those suits though reliefs sought for may vary in degree - Held, one of the tests..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 118-- Recovery suit on foot of pronote and receipt executed by defendant - Plaintiff examined one attesting witness and scribe of pronote and their statements could not be impeached in cross-examination - Defendant admitted execution of pronote and receipt in written statement, but alleged that same..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Haryana Co-operative Societies Act, 1984, Section 128(1)(c)-- Plea of bar of jurisdiction of Civil Court not raised in written statements - Held, such plea can be raised in first appeal as well as second appeal, same being purely based on question of law arising from pleadings of plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 340-- False statement - Initiation of proceedings - Some of the statements made in written statement were false - Held, there is no valid ground much less justification for issue of a direction to Registrar to initiate proceedings against respondents by filing complaint...........

Showing : 11-20 of 40 Results