Civil Procedure Code, 1908, Section 152 -- Dismissal of suit as withdrawn - Recalling of order - Petitioner maintains that settlement was arrived and consequently a consent decree was to be passed, but, based on their representations and good faith, he had withdrawn the aforesaid suit U.O.37 of CPC - In settlement recorded by Mediator, it was not specifically mentioned as..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Transfer of complaint - Both complainant as well as accused reside in district of Keonjhar - Alleged loan in cash was given by complainant to accused at Keonjhar - Purported cheque given by accused to complainant was at Keonjhar..........
Criminal Procedure Code, 1973, Section 219 -- Joint trial - Double murder case - Form conglomerated whole - No snipping link between the two - Form part of same transaction - Contention that joint trial could not have been framed negated...........
Civil Procedure Code, 1908, Order 39, Rule 2(1), 2(2) -- Business of joint venture - Unauthorized continuing of - Held, once it is found that respondent/defendant is prima facie unauthorizedly continuing with the business of joint venture and remaining in possession of the suit premises in breach of the terms of MOUs then appellants/plaintiffs are entitled to invoke the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused persons alleged to have committed offences punishable u/ss 406 and 498-A r/w S.34 IPC - Case was registered against petitioners-accused about 58 days after solemnization of marriage - During the pendency of the present bail applications, the parties have amicably settled their dispute before the..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Decree for accounts - Grant of - Held, in partition suit a coparcener is entitled to pray for accounts from persons having control and management of affairs of joint family property - It would depend upon the proof that manager or karta mishandled the funds that resulted in misappropriation - In absence of..........
Evidence Act, 1872, Section 27 -- Joint disclosure statement - Each person making a disclosure statement will have to make a statement disclosing the facts about which he alone has knowledge and there cannot be a joint disclosure statement...........
Hindu Law -- Partition - Joint Family Property or Self Acquired Property - When it is established that joint family possessed some joint property which from its nature and relative value might have formed the nucleus from which the property in question could have been acquired, the burden shifts to the party alleging self acquisition to establish affirmatively that the..........
Hindu Law -- Joint family property - Sale by co-sharer - Validity - Sale not challenged on ground that vendor had sold land beyond her share - Plea that vendor could not sell specific khasra numbers to vendees as she was not in possession of said khasra numbers - Even if specific khasra numbers are sold out of joint property which are not in exclusive possession of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Petition u/s 12 of the Act - After death of husband, petitioner had acquired a right in ancestral joint family property - Petitioner not granted a share in the ancestral joint family properties and is thus deprived of her economic and financial resources to which she is legally entitled - Held, Court is..........
