Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues arise in the case - Nature of agreement of sale cum General Power of Attorney (AGPA) as to its validity is in question - Therefore, only when validity and enforceability of AGPA is decided, rival contention of respondent can be determined - Suit cannot be rejected at the threshold..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Merely because one of parties in its pleadings (that too before a Court other than Court where subject suit is pending) alleges that other side deliberately enhanced valuation of suit to ensure that suit comes out of jurisdiction of concerned trial Court, it cannot be overstretched to mean that party making such..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife failed to substantiate the allegations of mental and physical cruelty through reliable and convincing evidence - No complaint before any Court or report before any police station was filed by wife against husband regarding alleged cruelty - Even, she never informed her father,..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of arbitrator - Claim was time barred when notice was issued seeking appointment of arbitrator - Petition dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Questions involved in the appeal are pure questions of facts based on appraisal of evidence available on record - No substantial question of law is involved in appeal - Second appeal dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- (Criminal Procedure Code, 1973, S.482) - Petition u/s 528 BNSS - Once earlier writ petition filed by complainant had been dismissed, another petition seeking same relief, styling it to be a petition u/s 528 BNSS, could not have been entertained - Only remedy available to complainant in such circumstances would be to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession and permanent injunction - Plaintiff failed to enter witness box to testify and prove her plaint case - Testimony of power of attorney holder of plaintiff is inadmissible with regard to facts within personal knowledge of plaintiff who has failed to enter witness box - Sale deed executed by father..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 307, 324, 325, 326, 148, 149, 450 -- Suspension of sentence during pendency of appeal against conviction - Attempt to murder - Applicants `M' and `H' were the aggressors, who came to dhani of complainant late in the evening without there being any immediate provocation - Their intention..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Questions relating to starting point of limitation and reckoning date of knowledge of essential facts, which form basis of cause of action, would have to be held to be triable issues and a suit cannot be dismissed at the threshold or upon an application U.O.7.R.11(d) CPC in..........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity of child - Divorce proceedings - Divorce petition filed against wife on the ground of adultery - Child is not a party to divorce proceedings - Therefore, child cannot be used as means to prove adultery if any committed by wife - Husband is at liberty to adduce other evidence to prove his case of adultery against..........
