Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
Will -- Attestation - Pre-requisite qualification of attesting witness is not that he must be well versed with the signatures of testator - Attesting witness is required to attest the document including the Will by certifying that testator has singed the Will in his presence - He is not supposed to be acquainted with signatures of testator...........
Punjab Pre-emption Act, 1913, Section 3(3), 8(2) -- Right of pre-emption - Urban immovable property located in a municipal area of Haryana - Notification of 1985 provides that right of pre-emption shall not exist in respect of sale of land falling in the areas of municipalities in Haryana - Land and immovable property are two different terms - Notification limits its..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligence driving - Death of 7 years old child - No witness has asserted that driver was operating his jeep rashly or negligently - Parents of child/deceased were pre-occupied in alighting the truck and unloading their luggage leaving them no control over activities of child - In such circumstances, since the numerous..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Commission agent - Pre existing `Arhant' relationship between parties - If payment has been made by complainant to accused, it cannot be assumed to be a loan unless otherwise proved - Account books cannot be equated with a promissory note - No explanation as to why loans were given without..........
Criminal Procedure Code, 1973, Section 441A -- Bail Bonds - Sureties - No bar for accepting a person as surety even if he has stood surety in some other case/cases - Only pre-condition for accepting surety is that they should be fit or competent, solvent and reliable...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had suddenly stabbed deceased during a heated verbal argument with him and not during a pre-planned attack which was carried out with sole intention of causing death of deceased - Previous enmity between parties had been a contributory factor leading to verbal altercation but it was not a..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - At the stage of issuance of summons for the purpose of S.202 Cr.P.C r/w S.145 of N.I. Act, MM is only required to examine whether basic ingredients of an offence u/s 138 of the Act have been prima facie made out by complainant and..........
Hindu Succession Act, 1956, Section 15(1)(a), 16 -- Property of female Hindu dying intestate - Widow of pre-deceased son does not have first right or entitlement to receive any share in the share of her mother-in-law/Hindu Female - Property of a female Hindu dying intestate shall devolve firstly upon sons and daughters (including children of any pre-deceased son or..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused already in custody in one case is not precluded from seeking pre arrest bail in connection with another case in which he apprehends arrest...........
