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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Year: 2004 Page 4 of about 48 results (0.097 seconds)

Jan 29 2004 (SC)

Simon and ors. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Jan-29-2004

Reported in : 2004(1)ALD(Cri)467; JT2004(2)SC124; 2004(4)KarLJ322; 2004(2)SCALE112; (2004)2SCC694

..... also to be borne in mind that the aspect of identification parade belongs to the stage of investigation, and there is no provision in the code of criminal procedure which obliges the investigating agency to hold, or confers a right upon the accused to claim a test identification parade. mere failure to hold a ..... assumes the proportion of extreme depravity that the special reasons can legitimately be said to exist within the meaning of section 354(4) of the code of criminal procedure and it would be a mockery of justice if extreme penalty is not imposed.36. in devender pal singh v. state of nct of delhi ..... or (d) if the murder is of a person who had acted in the lawful discharge of his duty under section 43 of the code of criminal procedure, 1973, or who had rendered assistance to a magistrate or a police officer demanding his aid or requiring his assistance under section 37 and section ..... not possible to say whose case fails within the rarest of rare cases category.29. in bachan singh etc. v. state of punjab etc. : 1980crilj636 rejecting the challenge to the constitutional validity of awarding death penalty and holding that death penalty should not be imposed except in rarest of rare cases, some of ..... rajendra prasad etc. etc. v. state of uttar pradesh and anr. : 1979crilj792 wherein it was held that after the enactment of section 354(3), crpc 'murder most foul' is not the test and the shocking nature of crime or number of murders committed is also not the criterion and that the focus .....

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Aug 04 2004 (SC)

Dr. Suresh Gupta Vs. Govt. of N.C.T. of Delhi and anr.

Court : Supreme Court of India

Decided on : Aug-04-2004

Reported in : 2004ACJ1441; AIR2004SC4091; 2004(2)ALD(Cri)739; (2004)3CompLJ271(SC); 2004CriLJ3870; 2004(4)CTC309; 112(2004)DLT866(SC); 2004(77)DRJ235; JT2004(6)SC238; 2004(3)MPHT503; 200

..... supplied]4. as the magistrate decided to proceed with the trial, the doctor approached the high court by petition under section 482 of the code of criminal procedure. the high court refused to quash the criminal proceedings and upheld the order of the magistrate although it records that the metropolitan magistrate was ..... a case of high degree of negligence on the part of the doctor. mere lack of proper care, precaution and attention or inadvertence might create civil liability but not a criminal one. the courts have, therefore, always insisted in the case of alleged criminal offence against doctor causing death of ..... want of due attention and skill cannot be described to be so reckless or grossly negligent as to make him criminally liable.25. between civil and criminal liability of a doctor causing death of his patient the court has a difficult task of weighing the degree of carelessness and ..... course of medical treatment given by them to their patients, is necessary so that the hazards of medical men in medical profession being exposed to civil liability, may not unreasonably extend to criminal liability and expose them to risk of landing themselves in prison for alleged criminal negligence.23. for ..... an accident, no criminal liability should be attached to it. mere inadvertence or some degree of want of adequate care and caution might create civil liability but would not suffice to hold him criminally liable.22. this approach of the courts in the matter of fixing criminal liability on the .....

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May 07 2004 (SC)

Zahira Habibullah Sheikh and anr. Etc. Vs. State of Gujarat and ors. E ...

Court : Supreme Court of India

Decided on : May-07-2004

Reported in : AIR2004SC3467; 2004(2)ALD(Cri)1; 2004CriLJ2855; (2004)3GLR2058; RLW2004(3)SC392; 2004(5)SCALE397; (2004)5SCC353; 2004(2)LC1491(SC)

..... accordance with law. according to him, such a direction could only have been given on a petition filed under section 406 of the code of criminal procedure, 1973 (in short the 'code') and not otherwise. strong reliance is placed on a decision of this court in a.r. antulay v. r.s. nayak and ..... .13. so the plea that petitions relating to change of place of trial are pending before this court deserves to be only noted and rejected.14. another plea which reflects ignorance about the judicial system is the plea that observations made without hearing has demoralising effect on the highest ..... evidence which weighed with the court's directing acquittal. though we had restricted the scope of consideration to the rejection of the application under sections 311 and 391 of the code, certain observations have been made which would prejudice the accused persons. they did not get an opportunity to show ..... one for 'clarification' or 'modification' though it is really one of review a party cannot be permitted to circumvent or bypass the circulation procedure and indirectly obtain a hearing in the open court. what cannot be done directly cannot be permitted to be done indirectly. the court should ..... assam : 2001crilj2902 , and devender pal singh v. state, nct of delhi and anr. : 2003crilj918 , notwithstanding the wider set of grounds for review in civil proceedings, it is limited to 'errors apparent on the face of the record' in criminal proceedings. such applications are not to be filed for the pleasure .....

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Apr 27 2004 (SC)

J.C. Sehgal Vs. Devi Dass and ors.

Court : Supreme Court of India

Decided on : Apr-27-2004

Reported in : AIR2004SC3982; (SCSuppl)2005(1)CHN6; 2004(3)JKJ1; JT2004(Suppl1)SC402; 2004(5)SCALE130; (2004)11SCC555

..... parte decree till the final decision of the suit the high court took both the petitions for hearing and by its judgment dated 10.10.2002 rejected the civil revision petition bearing no. c.r.231/2001 holding that there is no merit in the revision petition and allowed the revision petition filed by ..... . 1, the appellant made application before the executing court objecting to the execution. as the executing court cannot go behind the decree, the application was rejected.(h) the appellant, in these circumstances, filed a suit for declaration and perpetual injunction challenging the decree dated 13.12.1984. the trial judge granted interim ..... available to him under order xxi rule 58, 99 and 101 of c.p.c. according to him, the courts below are not justified in rejecting the petitions on the ground that the purchase of the suit property by the appellant was hit by principles of lis pendens and whether the lis ..... averments were:'in the plaint, it has been averred by the plaintiff that he owns a house situated at mohalla mastgarh, jammu, whereas defendant nos. 1 and 2 owned ..... civil revision preferred by respondent no. 1 herein. the decree that was challenged by the appellant in a suit was passed on 13.12.1984 in a suit for pre-emption filed by respondent no. 1 herein under the provisions of the j & k right of prior purchase act, 1936 (in short, 'the act') wherein the plaint .....

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Aug 27 2004 (SC)

Mahendra Saree Emporium Vs. G.V. Srinivasa Murthy

Court : Supreme Court of India

Decided on : Aug-27-2004

Reported in : AIR2004SC4289; JT2004(7)SC20; 2004(7)SCALE271; (2005)1SCC481

..... terms. their lordships opined that under the scheme of the act it was reasonable to hold that the legislature clearly intended to include only the hierarchy of appeals under the civil procedure code and not an appeal or a petition under article 136 of the constitution. fazal ali, j., in his concurring opinion, held that if the intention was to extend the benefit ..... the controller or the court, are taken care of by section 69 of the 1999 act. the forum competence in a pending case, depending on the averments made in the plaint, shall be determined by reference to the provisions of the 1999 act. such forum competence having been determined, the case may continue to be tried by the forum in which ..... . shri a. subba rao, the learned counsel for the appellant, submitted that section 70 of the new act legislatively enacts the doctrine of statutory abatement as distinguished from abatement of civil proceedings by death or otherwise caused by an event or happening which is non-statutory. reliance was placed on a series of four decisions, namely, ram adhar singh vs . ramroop .....

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Aug 19 2004 (SC)

Sayed Muhammed Mashur Kunhi Koya Thangal Vs. Badagara Jumayath Palli D ...

Court : Supreme Court of India

Decided on : Aug-19-2004

Reported in : AIR2004SC4365; 2004(4)AWC2893(SC); JT2004(6)SC556; (2005)1MLJ194(SC); 2004(7)SCALE53; (2004)7SCC708

..... second defendant that the document created in favour of the first defendant was valid. the case of the second defendant that his father was in possession from 1948 was also rejected. in the result, by the impugned judgment, the judgment of the first appellate court was set aside and a decree was passed entitling the plaintiff to recover possession of the ..... situated therein on the strength of the plaintiff's title and for the permanent prohibitory injunction restraining the appellant from demolishing or altering the existing building tomb situated in the plaint schedule property.'8. as is evident from the impugned judgment, the high court took into consideration the written statement filed by the secretary, wakf board wherein it has been stated ..... building situated therein on the strength of plaintiff's title and for a permanent prohibitory injunction restraining the appellant from demolishing or altering the existing building, tomb, situated in the plaint schedule property'. no doubt, it was brought to our notice that the trial court in its judgment has stated that the plaintiff-committee was actually acting as a mutawalli but ..... his case. this, in our view is a serious infirmity being contrary to requirement of section 100 of civil procedure code. it is plain and well-settled that in order to claim a decree for declaration of title and for recovery of possession in the civil suit the plaintiff had to essentially plead necessary facts so that the defendant could meet that case in .....

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Nov 01 2004 (SC)

Distt. Registrar and Collector, Hyderabad and anr. Vs. Canara Bank Etc ...

Court : Supreme Court of India

Decided on : Nov-01-2004

Reported in : AIR2005SC186; [2005]126CompCas356(SC); 2004(5)CTC376; JT2004(9)SC379; 2004(9)SCALE215; (2005)1SCC496

..... 132(1a) uses the words 'in consequence of information in his possession, has reason to suspect'. sec. 132(13) says that the provisions of the code of criminal procedure, relating to searches and seizure shall apply, so far as may be, to searches and seizures under sec. 132(1) and 132(1a). there are also ..... government to inspect banking records through use of administrative summonses, it is impossible to reconcile miller with katz and griswold . . . . . the united states supreme court rejected the katz's 'justifiable expectation of privacy' analysis and opted for a mechanical 'property interest' analysis which is unwieldy in its application to twentieth century technology.'(iv) polyviou ..... upon his honour and reputation. everyone has the right to the protection of the law against such interference or attacks.'art. 17 of the international covenant of civil and political rights (to which india is a party), refers to privacy and states that:'no one shall be subjected to arbitrary or unlawful interference with ..... v. gokal chand, 1906 (7) plr 428, a document not duly stamped was produced in the court by the plaintiff alongwith the plaint but the suit came to be dismissed for non-prosecution. it was held by the full bench that the document annexed with the ..... plaint cannot be said to have been produced in the court in evidence and the court had no jurisdiction to call for the same .....

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Apr 28 2004 (FN)

Vieth Vs. Jubelirer

Court : US Supreme Court

Decided on : Apr-28-2004

..... ann., tit. 21 a, 1206, 1206 a (west supp. 2003); mont. code ann. 5 1 115 (2003); wash. rev. code 44.05.090 (1994). footnote 5 see republican party of north carolina v. martin , 980 f. 2d 943 (ca4 1992) (upholding denial of federal rule of civil procedure 12(b)(6) judgment for the defendants); republican party of north carolina v. north ..... a workable standard for measuring a gerrymander s burden on representational rights distinguishes one-person, one-vote claims from partisan gerrymandering claims for justiciability purposes i would still reject the plurality s conclusions as to nonjusticiability. relying on the distinction between a claim having or not having a workable standard of that sort involves a difficult proof: ..... because it was malapportioned, and because it constituted an unconstitutional political gerrymander like its predecessor. the district court denied this motion, concluding that the new districts were not malapportioned, and rejecting the political gerrymandering claim for the reasons previously assigned in vieth i . vieth v. pennsylvania , 241 f. supp. 2d 478, 484 485 (md pa. 2003) (vieth iii) ..... justice powell s bandemer standard a totality-of-the-circumstances analysis that evaluates districts with an eye to ascertaining whether the particular gerrymander is not fair must also be rejected. fairness is not a judicially manageable standard. some criterion more solid and more demonstrably met than that is necessary to enable state legislatures to discern the limits of .....

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Feb 19 2004 (SC)

Prithvi (Minor) Vs. Mam Raj and ors.

Court : Supreme Court of India

Decided on : Feb-19-2004

Reported in : 2004(1)ALD(Cri)850; 2004(1)BLJR673; JT2004(2)SC582; 2004(2)SCALE580; 2004(2)LC800(SC)

..... the accused.'18. we see no such contradiction between the statement of prithvi and the investigating officer which would require the statement of prithvi to be rejected as unreliable. that prithvi was well acquainted with the assailants and could recognise them, is obvious. they were known persons, and related in one way ..... did he include any electric pole in his site plan. assuming that this was faulty investigation by investigating officer, it could hardly be a ground for rejection of the testimony of prithvi which had ring of truth in it. we may recount here the observation of this court in allarakha k. mansuri v ..... jai ram, rameshwar and bharta. with regard to mam raj, however, the sentence is reduced from one of death to life imprisonment under section 302 ipc. the other sentences handed down to him are also maintained.27. the appeal is accordingly allowed. the learned addl. sessions judge, kotputali is directed to ..... the accused were thereafter put up for trial before the additional sessions judge, kotputali. the learned sessions judge convicted respondents under different sections of the ipc and sentenced them as under:-res. of accusedoffence convicted undertrial court judgment dated 20.2.19951.mam raju/s 302 r/w 34 ..... 1 to 4 who had been found guilty of charges under section 302 r/w. section 307 and 460 of the indian penal code, 1860 (hereinafter referred to as 'ipc'). the appellant in crl. a. no. 1844-46 of 1996 is a person aggrieved by the acquittal of the accused, being .....

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Jan 15 2004 (SC)

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Decided on : Jan-15-2004

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... union of india [air 1981sc 2138] in which reference of morey (supra) has been made while judgingthe constitutionality of special bearer bonds (immunities and exemptions)ordinance, this court rejected the argument that the said ordinance isimmoral stating: "it was then contended that the act is unconstitutional as it offends against morality by according to dishonest assessee who have evaded ..... act, 1955. under thecolliery control order, the coal controller was even authorized to allotquotas of coal to the central government as well as the state governmentalthough the said procedure is not now in vogue, in view of decontrollingnotification issued by the central government under the colliery controlorder, 1945. the quality of coal and the quantity required by ..... from west bengal.the high court of allahabad has upheld the constitutional validity of cesslevied in the state of u.p. on minor minerals which decisions are thesubject-matter of civil appeals filed under article 136 of theconstitution. for the sake of convenience, we would call these matters,respectively as (a) 'coal matters', (b) tea matters', (c) 'brick ..... 975):"the character of the computation provisions in each case bears arelationship to the nature of the charge. thus the charging section and thecomputation provisions together constitute an integrated code. when thereis a case to which the computation provisions cannot apply at all, it isevident that such a case was not intended to fall within the chargingsection."proceeded .....

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