Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 447, 427, 511, 506, 148, 149 -- Summoning of additional accused - Offence u/ss 447, 427, 511, 506, 148, 149 IPC - Property dispute - Allegation that complainant forcibly dispossessed from shop in question - However, possession of petitioners over shop in question already declared by civil Court -..........
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for eviction - Bonafide need - Exparte order of eviction during pendency of first proceedings - Setting aside of - There is sufficient explanation for non-appearance of petitioners in present proceedings - Petitioners had deposited the arrears of rent and mesne..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Not barred by constructive res judicata when in the first application wife had claimed only litigation expenses...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Applicability of constructive res judicata - In the earlier application wife demanded only litigation expense and there was no demand for interim maintenance - Demand of interim maintenance for herself and for child in the second application - Plea..........
Civil Procedure Code, 1908, Order 23, Rule 3, Evidence Act, 1872, Section 102 -- Compromise - Fraud - Burden to prove that compromise arrived at U.O.23.R.3 CPC was tainted by fraud lies upon party who alleges the same - His mere assertion in pleadings before Court is no substitute for proof of vitiating circumstances...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso, O.47.R.1 - Compromise decree - Setting aside - Matrimonial dispute - Wife filed application U.O.47.R.1 CPC for setting aside compromise decree - She missed the true remedy U.O.23.R.3 Proviso CPC - Jurisdiction of Court U.O.23.R.3 Proviso CPC is wider in scope and application than under review which is confined only..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso - Compromise through power of attorney - Validity - Matrimonial dispute - Lack of acceptance of talaq - Wife contended that power of attorney holder accepted `talaq' pronounced by husband on her behalf - However, nothing on record to disclose that wife was ignorant of talaq pronounced by husband and also there is no..........
Civil Procedure Code, 1908, Order 23, Rule 3 - - Compromise through power of attorney - Validity - Fraud and misrepresentation - Matrimonial dispute - Circumstances if any supporting allegations of fraud and misrepresentation were not brought on record by any evidence by wife - Wife alleges that compromise was formulated in such a manner as to make out that none of her..........
Civil Procedure Code, 1908, Section 11 - - Constructive res judicata - Issue of enforceability of foreign awards already decided in earlier round - Grounds raised by petitioner in earlier round regarding maintainability of execution case could not have been considered in isolation de hors issue of enforceability of subject foreign awards, as same was intrinsically linked..........
