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..........
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..........
Agreement to sell -- Specific performance - Defendant stated that from the very beginning sale agreement was executed by way of security for a loan of Rs.6,00,000 advanced by plaintiff to defendant and the same was clearly reflected as recited in MOU - Documents were purchased from same stamp vendor - Witnesses to documents were also one and same - All these would..........
Fraud -- In the event of fraud being committed by any person threefold actions are provided for an aggrieved person i.e : (i) "an aggrieved person may file a complaint to prosecute persons under criminal Law; (ii) such person is entitled to approach civil Court for establishing his civil rights; and (iii) he can approach competent authorities for cancelling registered..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Documents are the foundation of litigation...........
