Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
Arbitration and Conciliation Act, 1996, Section 21 -- Commencement of arbitral proceedings - Failure to issue notice u/s 21 of the Act, would not be fatal to a party in arbitration if claim is otherwise valid and disputes arbitrable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Without issuing notice to defendants/petitioners - Partition suit - Commissioner appointed to take measurements of suit property in terms of preliminary decree - While taking mere measurements of property which is to be partitioned, irrespective of presence of any of party, measurements..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Whenever an ad interim injunction is granted by dispensing with notice to opposite party, Court is expected to record reasons in writing for granting ad interim injunction for dispensing with notice, as such a course of action involves passing of adverse orders against a party who is not heard...........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Criminal Procedure Code, 1973, Section 105, 397 -- Service of summons - Sending notice to opposite party/de-facto complainant u/s 105 Cr.P.C., residing outside the territory of India in each and every revision application, not mandated...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte ad interim injunction without notice to the opposite party - Court should record its reasons - An obligation is cast on the applicant to comply with requirements of clause (a) and (b) of the proviso - Both the provisions are mandatory...........
Criminal Procedure Code, 1973, Section 294 -- Documents - List prescribed u/s 294(1) Cr.P.C is different from the list of documents annexed with charge-sheet/complaint - Inclusion of documents sought to be admitted or denied by an adverse party is necessary to give notice to that party, and providing a copy of said list to adverse party is necessary to ensure that said..........
Stamp Act, 1899, Article 46, 49 -- Release deed - Entered into among family members - Release of rights would only result in enlargement of intent held by co-owners or joint owners and admittedly no third party has joined said document - Release deed cannot be considered as `conveyance of sale' - Impugned notice demanding deficit stamp duty set aside...........
