Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plea of limitation is a mixed question of facts and law - Plaint is not liable to be rejected U.O.7.R.11(d) CPC on plea of limitation...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against father-in-law, mother-in-law and sister-in-law - Allegations against appellants are of a general nature as well as vague without any particulars - There are other omnibus statements made in complaint without any particulars whatsoever - Vague and general allegations cannot lead to forming of a prima..........
Evidence Act, 1872, Section 68, 69 -- Will - Attestation - If a document is required by law to be attested then it shall not be used as evidence until one attesting witness has been examined before Court for proving its execution if he is alive and capable of giving evidence - However, where no attesting witness can be found, then propounder of Will is bound to prove the..........
Bharatiya Nyaya Sanhita, 2023, Section 299, 253(3), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 299, 253(3) BNS - Quashing of FIR - Petitioner through Whatsapp message outraged the religious feelings of a class of citizens - It is certainly a message which by its unsaid words, is likely to create or promote feelings of enmity, hatred and ill-will..........
Constitution of India, 1950, Article 32, 142 -- Clubbing of FIRs - Prayer regarding clubbing of future FIRs is one which cannot be granted by any Court of law...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Owner of offending vehicle had fraudulently changed the validity dates of insurance policy - On the date of accident there was no insurance coverage and policy was not in operation - Such contention raised in review petition - Nothing was produced in main claim..........
Auction sale -- Setting aside - Refund of money to auction purchaser - Auction purchaser entered the auction in good faith and deposited its hard earned money in the belief that law clothed the auction with legitimacy - Auction purchaser neither breached the covenant nor failed in diligence and did not seek to profit from the illegality - Restitution therefore becomes not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife stated that she came to know the pendency of divorce petition through paper publication and she had attended the Court on 22.07.2022, but was unable to follow proceedings - It was only thereafter, she became aware that an ex parte decree had been passed - Court finds no material..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - S.12 of the Act provides mandatory bail to a juvenile in conflict with law unless grounds provided u/s 12 Proviso of the Act is present - Juvenile should be reformed, rehabilitated and not punished - Bail is a rule and jail is an exception - Bail granted to juvenile...........
