Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit or abandonment of part of claim - Plaintiff has an unfettered/absolute right to withdraw/abandon part of their claim in plaint U.O.23.R.1 CPC without seeking any leave to file a fresh suit...........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence committed by juvenile u/ss 376 and 506 IPC and S.6 Protection of Children from Sexual Offences Act - Bail granted by Supreme Court and reiterated its direction to the State of Uttar Pradesh, to file an additional affidavit informing Supreme Court as to how..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simpliciter - Plaintiff not in possession but he did not claim recovery of possession - Relief must have been sought for declaration of title when contention of defendant was that he came into possession of property as a co-owner and then occupies it with absolute rights, making valuable improvements - Suit for..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Where a sale is void because of breach of mandatory auction provisions, S.47 CPC is an appropriate vehicle to impugn execution proceedings, more particularly where failure is intrinsic and affects the very competence of executing Court to cause transfer of possession or make an absolute sale...........
Agreement to sell -- Refund of earnest money - Defendants committed fraud at the time of agreement to sell by incorrectly making known to plaintiff that property in question is a built up kothi, that husband of defendant No.1 has already expired and therefore, she is legal heir of her husband - Mutation was sanctioned 2 years after target date in favour of defendant No.1..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Non-cooperation with investigation by petitioner - Behaviour attributed to petitioner cannot be considered as an instance of non-cooperation, justifying denial for grant of pre-arrest bail, since an accused while joining investigation is not expected to make self incriminating statement under..........
Easements Act, 1882, Section 13 -- Easement of necessity - An easement of necessity cannot be granted solely on the ground of convenience or advantage - Whether absolute necessity exists or not needs to be determined based on specific circumstances and environment of each case - One has to establish that by disposition, tenement was disintegrated, either through transfer,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant implicated on the basis of confessional statement of co-accused - He joined the investigation - Merely because nothing incriminating could be discovered would not mean that there is non co-operation on the part of accused - Otherwise also, in the Counter Affidavit, it is not stated that..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Right of residence contemplated u/s 17(1) of the Act is not an absolute right conferred upon a woman, rather is limited to extent of circumstances expressed u/s 17(2) of the Act thereby creating a restriction in the interest and/or right emanating from S.17(1) of the..........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - Maintainability - Generally, an alternative revision mechanism is available against an order u/s 133 Cr.P.C passed by Magistrate - However, it does not create an absolute bar in invoking writ jurisdiction of High Court u/art 226 of Constitution...........
