Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Allegation that accused/second wife burnt first wife and her two children in order to remove them from her marital life with A-2 - However, if she was responsible for such act, would not she have closed the door after coming out of house to ensure that deceased does not come out -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of Hiba - Written hibanama was preceded by oral hiba - Suit filed without seeking relief of cancellation of registered sale deed favouring defendant - Not maintainable, as suit was barred in terms of S.34 Proviso of the Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Question regarding maintainability of suit in terms of S.34 of the Act has to be seen with regard to pleadings made in the plaint and would therefore be a question of law which is already settled can be taken at any stage...........
Hiba -- Oral - Suit for declaration of ownership and possession - Written hibanama was preceded by oral hiba - PWs had not proved possession of plaintiff over suit premises - Even, oral hiba was not proved by any witness, as they never recognize the donor - At the time of execution of hibanama donor was still continuing in possession over suit premises - No statement in..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Not barred by limitation on the ground that it had been filed beyond a period of 3 years from date of declaration of loan account of Corporate Debtor as NPA, if there was an acknowledgement of debt by Corporate Debtor before expiry of period of limitation of three years, in which case period..........
Mutation -- Dismissal of revision filed against order of mutation - Writ petition thereagainst - Not maintainable - Mutation proceedings are summary in nature and no right or title is created - Revenue entries is only for collection of revenue from person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration...........
Court Fees Act, 1870, Section 7(iv)(c) -- Deficient Court fee - Suit for declaration that Will is null and void with consequential relief of permanent injunction - Plaintiff seeking relief that defendant be restrained from alienating suit property - But without declaration of relief as such nature in the form of permanent injunction cannot be claimed by him independently -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration of joint ownership - Plea regarding compulsory registration of property, being plea of defence cannot be looked into while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiff filed the suit after 28 years from date of sale deed - Even plaintiffs stated that defendants are in permissive occupation of suit property - Suit is nothing but a vexatious and an abuse of process of Court -..........
Service -- Promotion on basis of departmental examination - Non-declaration of marks - Candidate who failed to obtain minimum of 50% marks in each subject shall not be eligible for promotion as per Rules applicable - Petitioners could not secure 50% marks in objective types subjects and therefore stood disqualified and not entitled to seek evaluation of Hindi Essay paper..........
