Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Suit for specific performance - Earlier suit for injunction was filed - At that stage cause of action to file suit for specific performance had not arisen - Plea that suit for specific performance is barred U.O.2.R.2 CPC deserves to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No amount of evidence or merits of the controversy can be examined at the stage of decision of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for possession was filed - Subsequent suit filed for damages and use and occupation of the property after expiry of lease period - Cause of action in both the suits is different and there are different consideration for..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C and non-recording of satisfaction itself makes such order suffering from incurable illegality...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Conditions specified in S.82(2) Cr.P.C for publication of a proclamation against an absconder are mandatory - Any non-compliance therewith cannot be cured as an irregularity and renders the proclamation as nullity...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Provisions of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Petitioner has shown sufficient cause for her absence from the Court - Moreover, provision of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person - Anticipatory bail granted to petitioner...........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Vague and general allegations - Absence of specific details that constitute cruelty against appellants - Appellants not residing at marital home and appellant No.1 was not even living in India - Proceedings against appellants quashed - If any material comes on record during..........
Indian Penal Code, 1860, Section 498A -- Cruelty - One instance unless portentous, in the absence of any material evidence of interference and involvement in marital life of complainant, may not be sufficient to implicate person as having committed cruelty u/s 498-A IPC...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of a document - Stamp duty - Document whether liable to stamp duty - To be decided at the threshold even before marking a document...........
