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Showing : 141-150 of 376 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot re-appreciating evidence available on record - However, there is no complete bar for High Court to upset concurrent findings of Courts below, if same appears to be perverse...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 427(1) -- Concurrent running of sentences - Offences in question constituted a single transaction between same parties for a block period, but split up by prosecution into three separate cases - Evidence was also common and so as conviction - Substantive sentences directed to run concurrently, except default sentence if the fine by..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of mesne profits and future mesne profits from an Unauthorised sub tenant - Even if tenanted premises is in exclusive occupation of unauthorized sub-tenant, it is not open to landlord to institute suit in civil Court for recovery of possession of premises from unauthorized sub-tenant -..........

UTTARAKHAND HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent finding of fact decreeing suit of plaintiff - First Appellate Court framed three points for determination and recorded its finding on every point - Submission of defendants that First Appellate Court not discharged its duties in accordance with law is misconceived - Courts below..........

GAUHATI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 10 -- Stay of suit - S.10 applies to suit instituted in civil suit - A writ proceeding before High Court cannot be equated with the proceedings before a civil Court as jurisdiction of High Court exercising its writ power is not the Courts of concurrent jurisdiction of civil Court...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 427(2) -- Concurrent running of default sentence - Default sentence cannot be ordered to be suffered concurrently, as very purpose of awarding sentence in default of payment of fine would be defeated and no accused in that event would pay fine by claiming that imprisonment awarded on account of failure of payment of fine should also..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 323 -- Revision against acquittal - Cruelty - Trial Court made sincere endeavour to appreciate evidence which was available on record, while recording its finding favouring accused for extending benefit of doubt - First appellate Court examined entire evidence and concluded in clear and..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Courts below concurrently decreed the plaintiff's suit by recording all the findings of fact against defendant - Said findings were neither against the pleadings nor evidence and nor against any provisions of law - Question which was formulated by High Court did not involve any question of law..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction petition - First Appellate Court found on admission that there was landlord-tenant relationship - After entering such a finding, eviction was ordered only on the ground of arrears of rent - There is no dispute on these facts - Concurrent findings as regarding right to sell the property by father of first..........

Showing : 141-150 of 376 Results