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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 5, 6, Registration Act, 1908, Section 17 -- Judgment and decree - Not an instrument of transfer and it does not require registration...........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Mere bald statement that there may be other heirs without disclosing the names thereof, does not ipso facto attract provisions U.O.22.R.5 CPC...........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Death of party/opposite party No.1 - Mere difference in spellings of deceased in death certificate and in application, does not raise any doubt regarding identity of deceased, particularly when address of deceased is same in both death certificate and in application - Such discrepancy thus, not fatal in..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Death of party/opposite party No.1 - Substitution sought not only of executor of Will left by deceased but also heirs and legal representatives in case of intestacy - No impediment to substitute executor as well as heirs and legal representatives who may succeed estate in case of intestacy in place of..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 409, 477A, 120B, Prevention of Corruption Act, 1988, Section 5(1)(d), 5(2) -- Misappropriation of 540 bags of fertilizers (Urea) - Complaint lodged alleging misappropriation of only 540 bags of urea but investigation revealed that entire 1040 bags of urea was misappropriated - It is specifically alleged that accused conspired with criminal..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Eviction proceedings - Benefit of monthly rent deposited u/s 30(1) of the U.P Act after receipt of summons/filing written statement could not be extended to defendant tenant while reckoning compliance of O.15.R.5 CPC - There is no escape from mischief of O.15.R.5 CPC - Defence rightly struck off...........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC does not confer any power or jurisdiction on Appellate Court to stay execution of a decree which is not challenged in that particular appeal...........

ORISSA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Misappropriation of huge amount of public money - Criminal conspiracy - Manner in which huge money was collected in contravention of provisions of SEBI Act and CIS Regulations and..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2 years 66 days in filing Appeal - Remiss on the part of concerned officer in filing appeal within time - Delay condoned subject to payment of costs of Rs.25,000/- - Application allowed...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3 -- Rape and murder of minor girl aged 7-1/2 years - Appreciation of evidence - As per evidence on record, accused was last seen together with victim as accused gave 1 rupee coin to victim and told one of the..........

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