Civil Procedure Code, 1908, Section 10 -- Stay of suit - Determination in both the suits different - Though land in both the suit is same but cause of action for institution of both the suits and parties therein are different - Application seeking stay of further proceedings of previous suit, rightly dismissed...........
Will -- Suspicious circumstance - Exclusion of daughter from bequest - Daughter/plaintiff prior to institution of partition suit issued notice to defendants demanding partition - However, there was no reply whatsoever to said notice - Explanation offered by defendants that plaintiff was aware of existence of Will, does not appear to be convincing and sufficient to remove..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Computation of period of limitation - Relevant date is date of filing of complaint or date of institution of prosecution and not the date on which Magistrate takes cognizance of offence...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Offence u/s 75 of the Act - Applicant who is Headmaster of institution was nowhere near the dance class being conducted by dance teacher - Neither any action of any assault has been attributed to applicant, nor is there any allegation that applicant had connived with said act in any manner..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff has not proved possession as on date of institution of suit and it is defendant who appears to be in possession - Refusal to grant temporary injunction proper...........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration of title - Cause of action lastly arose in 1997 and suit was filed in 2001 - Suit of present nature has to be filed within 12 years in terms of Art.65 of the Act - Even, if it is seen that plaintiff had got knowledge of construction of wall in the year 1990, then also period of limitation for institution..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Constitution of India, 1950, Article 226, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Writ petition - Maintainability - Writ petition against private financial institution u/art 226 of Constitution against proposed action/actions u/s 13(4) of SARFAESI Act, not maintainable in view of statutory..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for mandatory injunction filed by tenant that he be permitted to carry out repairs to the dilapidated portion - Counter claim by landlord seeking vacation of premises on the ground of bona fide necessity - Counter claim filed after a gap of 13 years of institution of suit - Delay in seeking counter claim..........
Agreement to sell -- Specific performance - Readiness and willingness - Notice was issued by plaintiff before institution of suit to defendant but same was not replied - Both trial Court and Appellate Court concurrently held that plaintiff was always ready and willing to perform her part of contract at all material times - Suit rightly decreed by trial Court in favour of..........
