Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
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, Section 2(2), Partition Act, 1893, Section 2, 3, 4 -- Decree - Order made u/ss 2 to 4 of Partition Act is a deemed decree within the meaning of S.2(2) CPC...........
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..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings for maintenance remained pending for a decade - Maintenance is payable from date of order...........
Doctrine of merger -- Doctrine of merger would only apply in a case when a higher forum entertains an appeal or revision and passes an order on merit and not when appeal or revision is dismissed on the ground of delay in filing the same...........
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 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201 -- Anticipatory bail - Accused already on regular bail - Addition/alteration to graver non-bailable offence during trial and order framing charge - A person released on bail is already in constructive custody of law and..........
Civil Procedure Code, 1908, Section 151 -- Modification/vacation of interim order - Interim order can definitely be modified or vacated by a Court in exercise of its inherent powers whenever it deems fit to do so, without there being any application filed for said purpose...........
Criminal trial -- Acquittal terminology and relief - Where courts find no evidence against accused, appropriate order is an honourable acquittal and not an acquittal by giving "benefit of doubt" or by stating "in absence of evidence" since such phraseology would affect future career prospects - High Court modified revisional judgment, expunging the words "in absence of..........
