Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment seeking relief of possession in anticipation that plaintiff could be dispossessed by defendant - No cause of action accrues in favour of plaintiff - Order rejecting application calls for no interference...........
Agreement to sell -- Specific performance - Benami property - If an agreement to sale suffers from vice of benami transaction within meaning of S.2(a) of Benami Transactions Act, same falls in category of contracts forbidden by law as contemplated u/s 23 of Contract Act, object whereof is unlawful - Hence, inexecutable in an action for specific performance...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
Indian Penal Code, 1860, Section 376(2)(j), 511 -- Attempt to rape of severe mentally challenged woman - Clinching evidence proves the presence of accused with prosecutrix, who had I.Q of just 33 and suffered from severe mental retardation - Absence of injuries on her body becomes meaningless because resistance would not occur to her, which would happen as a reflex action..........
Evidence Act, 1872, Section 115 -- Estoppel - No cause of action arise from estoppel itself - It only precludes a person from denying truth from some statement previously made by him...........
Evidence Act, 1872, Section 115 -- Estoppel - Petition for divorce, return of her gold ornaments and custody of children withdrawn by wife as she entered into settlement agreement with husband - In settlement agreement wife has not made any representation to the effect that she has relinquished all her claims against husband and she will not file a fresh petition with same..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - No sufficient cause shown by plaintiff to seek permission to file a fresh suit on same cause of action - Suit cannot be dismissed without affording an opportunity to decide whether plaintiff wishes to withdraw suit even though opportunity for filing fresh suit was denied -..........
Foreign Contribution (Regulation) Rules, 2011, Rule 3(vi) -- Provision of R.3(vi) of Rules - Whether unconstitutional - R.3(vi) of Rules provides that any organization which habitually engages itself in or employs common methods of political action like `bandh' or `hartal', `rasta roko', `rail roko' or `jail roko' in support of public causes can also be declared as an..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for mandatory injunction was filed by plaintiff which was dismissed - Appeal against the same also dismissed, but special liberty was granted to plaintiff to apply for new electricity connection - Subsequent suit for permanent injunction filed alleging that plaintiff was being granted such electricity..........
Employee's Compensation Act, 1923, Section 3 -- Fatal accident - Compensation - Doctrine of notional extension - Deceased died due to slipping in canal where he had gone to fetch water and also to have bath during course of employment - He was driving employer's truck and in the course of journey he required water to prevent overheating - Every action of driver of a truck..........
