Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Statutory expression "matter in issue is directly and substantially in issue" signifies an issue that forms the core of dispute, as distinguished from questions that arise merely incidentally or collaterally - Common property forming the subject matter of litigation does not by itself, attract bar of S.10..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Where date of knowledge has been specifically pleaded in the plaint and forms the basis of accrual of cause of action, issue of limitation cannot be decided at the threshold - Question of limitation, in such a situation, would be a mixed question of fact and law, which would..........
Muslim Law -- Difference between Khula divorce and a Mubaraat divorce - Former is initiated by wife whereas both spouses desire a separation in a Mubaraat divorce - In essence, a wife's right to Khula is parallel to a husband's right to Talaq and both forms of divorce are unconditional...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration along with consequential relief of injunction - Once date of knowledge is specifically pleaded and forms basis of cause of action, issue of limitation cannot be decided summarily - It becomes a mixed question of law and fact, which cannot be adjudicated at the..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 447, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f), 3(1)(g), 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Property dispute between parties - Property that forms the subject matter of criminal proceedings is also subject of..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While exercising power u/s 227 Cr.P.C. judge concerned has to consider only record of case and documents produced along with the same - If on such consideration Court forms an opinion that there is no sufficient ground to proceed against accused concerned, accused shall be discharged after recording reasons..........
Indian Penal Code, 1860, Section 498A -- Cruelty - S.498-A IPC recognizes two distinct forms of cruelty: one involving physical or mental harm in S.498-A Explanation (a) IPC and the other involving harassment linked to unlawful demands for property or valuable security in S.498-A Explanation (b) IPC - These two provisions are to be read disjunctively - Absence of an..........
Indian Contract Act, 1872, Section 2(d) -- Consideration - Consideration need not always be in a monetary terms - It can be in other forms as well...........
Transfer of Property Act, 1882, Section 123, Stamp Act, 1899, Section 2(24) -- Gift or settlement deed - Transfer of property in favour of `G' was in recognition of the fact that she had been taking care of transferors and would continue to do so while also using the same to carry out charitable work - Consideration need not always be in a monetary terms and it can be in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Change of loan amount - Reason stated to be typographical mistake - Amount mentioned in demand notice, complaint, affidavit of evidence, same - Loan amount cannot undergo a change because the same forms very basis of compliant - This would change the very nature and character of..........
