Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in plaint pertain to ownership, validity of sale deeds and declaration of title, which are civil in nature and therefore, triable exclusively by a civil Court - Applicability of S.207 of Rajasthan Tenancy Act, which bars jurisdiction of civil Courts in matters relating to khatedari rights..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this preliminary stage, Court is required to confine its examination strictly to averments made in plaint and not venture into merits or veracity of claims - If any triable issues arise from pleadings, suit cannot be summarily rejected...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Issues relating to title of immovable property fall exclusively within jurisdiction of civil Courts and not revenue authorities...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If at the stage of final hearing of appeal, Court is of opinion that substantial question of law framed at the time of admission is not involved in appeal, or does not arise for consideration, it will be open for Court to hold so, however, a duty is cast on Court to record reasons for..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Dishonour of cheque - Sending cheque to FSL - Case in question remained pending before trial Court for a period of about 5 years and appeal is also pending for more than one year - No efforts were made by petitioner to lead such an evidence during this period - When..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge thereto - Plaintiff failed to prove that compromise decree was result of any fraud or misrepresentation or that her thumb impressions were obtained on pretext of obtaining loan from bank - Since there was not any kind of fraud or misrepresentation to plaintiff, subsequent Court could not set..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Petitioner has been incarcerated for a period of more than four years - Complainant's evidence has also been recorded - Application for bail is pending before High Court for a long time - High Court adjourned the matter on 27 occasions - In the matters of personal liberty, High Courts are not expected to keep..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Though power u/s 216 Cr.P.C to alter or add existing charge is very wide, to exercise said power, there must be some material existing before Court which has some connection or link with charge sought to be added...........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by wife - Plea of mental illness taken by husband - Husband never wanted a next friend for himself, as he choose not to invoke the jurisdiction of Court under provisions of O.32.R.15 CPC - It shows that case of husband of mental illness is one being projected as desperate defence to get over the..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 20 -- Plea of juvenility - S.20 of the Act enables Court to consider and determine juvenility of a person even after conviction by regular Court...........
