Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Suit alleged to be barred U.O.23.R.3-A CPC - Civil suit challenging compromise decree passed by Revenue Court - Separate suit challenging a compromise decree is not maintainable and is barred by U.O.23.R.3-A CPC - Question of legality or validity of a..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Expression `first date of hearing' has to be understood as date when Court proposes to apply its mind to controversy involved in the suit and not any earlier date fixed for procedural purposes...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Power to strike off defence U.O.15.R.5 CPC though couched in mandatory terms, is not to be exercised mechanically - Court must consider whether there has been substantial compliance and whether default is wilful or contumacious...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of defendant struck off by trial Court primarily on the ground of non-deposit of rent within stipulated time - However, certain foundational aspects such as determination of first date of hearing and issue of proper service and opportunity were neither conclusively determined nor adequately..........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Execution Court permitted DH to deposit balance consideration even after expiry of period fixed by trial court decree - Deposit was permitted just to test the bona fides of DH in pursuing execution - By permitting DH to make deposit to show his bona fides, Court did not foreclose right of JD to seek..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution Court dismissed execution application by observing that decree was conditional, amount was to be paid within one month but no amount was deposited even though application was submitted, therefore decree cannot be executed - High Court affirmed the view of execution..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Decree for specific performance - Doctrine of merger - Appeal of JD was dismissed for non-prosecution - There would be no merger of trial Court decree in appellate Court order...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - If right of speedy trial is infringed then howsoever serious the crime may be, Court may consider the plea for bail appropriately...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Accused in custody since 1.11.2022 - Charge framed in the year 2024 - Not a single witness examined till date - If right of speedy trial is infringed then howsoever serious the crime may be, Court may consider the plea for bail appropriately - Bail granted...........
