Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Cause of action to seek declaration regarding ownership and for cancellation of gift deed & sale deed accrued to plaintiff only upon application for impleadment by defendant Nos.3 to 6 filed in earlier suit and pleading regarding said..........
Criminal Procedure Code, 1973, Section 482 -- Defence material at quashing stage - Consideration of defence material including sale deeds or other title documents at the stage of S.156(3) Cr.P.C. would necessarily involve adjudication on disputed questions of fact and would amount to conducting a mini-trial which is wholly impermissible...........
Service -- Public recruitment - In matters of public recruitment, where large number of candidates participate, application forms are submitted online along with scanned eligibility documents, certificates, etc., such applications are processed through computer applications/software and therefore, any error in application is bound to result in rejection of candidature -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 25, 29 -- Contraband - Quashing of proceedings - Substantial quantity of contraband (ganja) has been recovered - No categorical material on record at this stage to conclusively establish that recovery was pre-planned, foisted or fabricated - Plea of false implication constitute matters squarely falling..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Arbitration clause contained in Tender documents could not be said to have been incorporated in LOI to evince existence of an arbitration agreement between parties on its conjoint reading with Tender documents - There is no mention of any arbitration or dispute..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, 94 -- Maintenance to wife - Production of documents regarding service and income of wife - Documents sought by husband are relevant and have a direct bearing on fair adjudication and are certainly necessary and desirable for the purpose of trial - Husband specifically alleged that she is working in Hospital - Hospital..........
Defamation -- Suit for damages - Alleged defamation is based on a complaint given by defendant to competent authority accusing the plaintiff, who is an Advocate of misconduct - Complaint was enquired into and was ultimately closed on the ground that documents were available in Court records - Mere fact that complaint was closed does not by itself, show that complaint was..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Two documents regarding date of birth of applicant already on record - He was below 16 years of age at the time of alleged incident as per said documents - There was thus, no occasion for JJ Board to direct an ossification test for determination of age of applicant..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Application filed after closure of evidence of defendants and when matter was repeatedly listed for final arguments - Defendant failed to demonstrate what prevented him from filing documents in question earlier - Due diligence has neither been explained nor established - Application..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Documents sought are certified copies of public documents i.e jamabandi and mutation - It cannot be presumed that these were not within knowledge of defendant - Application rightly dismissed...........
