Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Mere clever drafting would not permit plaintiff to make suit maintainable which otherwise is not maintainable and/or barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise decree - Suit to set aside - Plea that relief sought is not to set aside the compromise decree and prayer is that compromise decree is not binding on him - Held, mere clever drafting would not permit the plaintiff to make the suit maintainable..........
Indian Penal Code, 1860, Section 363, 143, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim categorically stated that she used to talk to accused on phone and both decided to marry each other of their own free will and volition - She left the house voluntary with accused and married each other voluntarily and started living together in..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(13), 94 -- Juvenile - Date of birth of appellant is 17.7.2000 as per school record - Incident took place on 6.3.2018 - Appellant was thus, less than 18 years of age on the date of incident - He is thus, required to treated as a child in conflict with law within meaning of S.2(13) of the Act - However,..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 2(f) -- Shared household - Domestic relationship - Mere fact that daughter-in-law moved out and started living separately and at the time of filing of complaint was living separately, would not make the case fall outside the ambit of Ss.2(f), 2(s) of the Act, particularly when allegations levelled pertain..........
Prevention of Money Laundering Act, 2002, Section 5(1), 8 -- Attachment order - Mere fact that provisional attachment order passed by appropriate authority u/s 5(1) of the Act is quashed by High Court, will in no way impact adjudication process initiated before adjudicating authority, which must proceed on its own merits in accordance with law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendants neither denied their signatures on agreement to sell nor alleged that agreement is a forged and fabricated document - Serious questions of fact and law are involved between parties which can be adjudicated after recording of evidence of both the parties..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Preliminary issue - Issue of limitation if not a pure question of law, cannot be decided as preliminary issue U.O.14.R.2 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - O.14.R.2 CPC stipulates that when issues of both law and facts arise in the same suit, Court may dispose the suit by trying issue of law first - For this purpose, provision specifies two questions of law, which are : (i) jurisdiction of Court; and (ii) a bar to suit created by any law for the time being in force...........
Partnership Act, 1932, Section 69(2) -- Suit by unregistered firm - Suit by unregistered firm in respect of statutory right or a common law right is not barred u/s 69(2) of the Act. 1998(2) Apex Court Journal 526 (S.C.), 2000(1) Apex Court Journal 373 (S.C.), 2007(1) Apex Court Judgments 340 (S.C.) : 2007(1) Civil Court Cases 487 (S.C.) followed...........
