Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Maintainability of suit - When result of finding on preliminary issue is that suit is not maintainable, it brings an end to litigation between parties - Court shall pronounce judgment in such case - Court need not pass an order first and thereafter, a separate judgment on its basis - It can be a..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud - Neither there is any concealment nor misrepresentation by defendant No.1 - If plaintiff forms a belief without clarifying the same with defendants, defendants cannot be faulted for the same - To declare a contract null and void due to fraud plaintiff must plead the ingredients of..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Suit for recovery of possession - Plaintiff having been in constructive possession of suit property through her husband cannot be dispossessed by defendants - Any right that defendants may have in suit property as per Will propounded by them would be subject matter of pending testamentary case - However, pendency of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Withdrawal of suit simplicitor without liberty to file a fresh suit - Subsequent suit filed after 20 years - Held, suit is not maintainable and is liable to be rejected U.O.7.R.11 CPC...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Suit is not maintainable - Plea of adverse possession cannot be made as weapon of offence, rather said plea is available to party in defence - Moreover, once plea of adverse possession has been set up by plaintiffs, it pre-supposes the ownership of defendants over the suit land - Since..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissed by High Court - Second application for anticipatory bail before Sessions Court - Maintainability - Bail application filed by same applicant on same set of facts and circumstances for second time is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days from the date of receipt of notice - Complaint is pre mature and is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Single complaint - Four cheques in a seratum, were presented in a single account of complainant - All cheques were dishonoured for want of funds followed by combined registered statutory notice - Single complaint is maintainable as all the cheques formed part of same transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Complaint is maintainable at the place where branch of bank of payee/complainant is located and where cheques were delivered for collection...........
Specific Relief Act, 1963, Section 39 -- License - Termination by serving notice - Defendant pleading to be tenant over the land in question - Plea of defendant that it is only the eviction petition under the Rent Act which is maintainable - Defendant failed to prove himself to be statutory tenant as pleaded by him - Defendant failed to show any document supporting his..........
