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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 34 -- Future interest - If decree is silent with regard to award of future interest, then the same is to be calculated from the date of decree...........

JHARKHAND HIGH COURT

Year of decision: 2013
Details

Protection of Women From Domestic Violence Act, 2005, Section 20 -- Monetary relief - Granted with retrospective effect from prior to coming into force of the Act - Grant of relief with retrospective effect from prior to coming into force of the Act amounts to violation of Article 20(1) of Constitution of India as penal provision could not operate retrospectively -..........

ORISSA HIGH COURT

Year of decision: 2013
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Complaint - Quashing of proceedings - Contention that allegations commenced from the year, 2002 when the Act did not come into force - Omissions or commissions as alleged in application are continuing in nature and it continued even on the..........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Limitation Act, 1963, Article 136 -- Execution - Limitation - Amendment of decree - Decree which is subjected to an amendment can be enforced only as amended and limitation to execute decree would start only from the date of amendment of the decree...........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Partnership Act, 1932, Section 31 -- Partnership firm - New partner - Liability - A person who joins partnership firm as a partner subsequent to obtaining loan by the firm cannot be fastened with liability which was existing anterior to the date on which he joined...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Husband charged with offence u/s.306 IPC - Appellant informed parents of deceased and Village Panchayat about incident - Panchayat reported the matter to police on same day - No report was lodged against appellants for four days from date of occurrence raising any finger towards them - Absence of cogent..........

SIKKIM HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Trial - On the day when trial Court passed order disposing of private complaints and discharging or releasing accused, case stood posted not for hearing or disposal - On contrary case stood posted for consideration of an application filed by petitioner..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 5, Rule 7, 19 -- Service of summons by affixation - Report on an earlier date that defendant was not residing at the given address - Held, on the subsequent date order of service by affixation was uncalled - Held, there was no service of summons on the defendant...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Revision - Maintainability - Held, revision filed after stipulated date to make payment of provisionally assessed rent and after earning penalty of automatic eviction is not maintainable...........

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