Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of the plaint - The plaint are to be considered under O.7.R.11 CPC - While it is true that the defendant's defence is not to be considered at this stage, this does not mean that the court must accept patently untenable claims or shut its eyes to settled principles of law and put the parties to trial, even in..........
Practice and Procedure -- In civil cases, party bearing burden of proof needs to show that their version of events is more plausible than opposite party...........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Power of transferring such investigation must be in rare and exceptional cases where Court finds it necessary in order to do justice between parties and to instil confidence in public mind, or where investigation by State police lacks credibility and it is necessary for having a fair, honest..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Framing of specific issue - There could be several points directly or indirectly connected with main issue that has been framed - In such cases, when larger issue that has been framed is wide enough to cover different points of disputes within it, there is no necessity to frame a specific issue on that aspect...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Question of law - Courts are vested with powers to go into question of law, touching upon either limitation or jurisdiction, even if no plea is raised and not in cases, where facts have to be pleaded and evidence has to be let in...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Provision contained in S.177 Cr.P.C. do not apply to cases under Negotiable Instruments Act while determining territorial jurisdiction of a Court, as S.142 of the Act begins with a non obstinate clause which uses the expression `only' meaning thereby only those Courts which..........
Settlement deed -- Essentials to complete gift as mandated u/s 122 of Transfer of Property Act would apply in cases of settlement deed also even though there is a slight difference between gift deed and settlement deed even if these terms are used interchangeably. (Transfer of Property Act, 1882, S.122)..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Involvement of petitioner in other cases would not be a ground to refuse grant of concession of bail...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 420, 406, 120B -- Bail - Cheating - Case against petitioner is based on documentary evidence which is part of challan - There can be therefore no risk of petitioner tampering with the evidence - Moreover, charges have not yet been framed - Prosecution has cited 46 witnesses and will be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - Jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases - However, where allegations made in FIR or complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any..........
