Muslim Law -- `Court of Kazi', `Court of (Darul Kaja) Kajiyat', `Sharia Court' etc. by whatever name styled have no recognition in law - Any declaration/decision by such bodies, by whatever name labelled, is not binding on anyone and is unenforceable by resort to any coercive measure - Only way such declaration/decision can withstand scrutiny in the eye of law could be..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale in question is null and void - Agricultural property - Plaint does not disclose a real cause of action rather something purely illusionary has been cleverly drafted in plaint making out a case for suit - Suit appears manifestly vexatious and does not disclose a right to sue..........
Constitution of India, 1950, Article 226 -- Writ petition - Remedy under Art.226 of Constitution is discretionary in nature and in a given case, even if some action or order challenged in petition is found to be illegal and invalid, High Court while exercising its extraordinary jurisdiction can refuse to upset it with a view to doing substantial justice between the..........
Constitution of India, 1950, Article 226 -- Writ petition - Law as to: (i) For issuing writ against a legal entity, it would have to be an instrumentality or agency of a State or should have been entrusted with such functions as are Governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding whether plaint reflects cause of action or not, Family Court was not required to make an elaborate inquiry into doubtfulness or complicated question of law or facts, but Court is restricted to ascertain whether cause of action is shown...........
Criminal Procedure Code, 1973, Section 154 -- Two FIRs - Incident in both the FIRs relate to same transaction - There can be no straight jacket formula for quashing or clubbing FIR and Courts are required to examine facts of each case - Since there cannot be two FIRs against same accused in respect of same case or cause of action and on the same set of facts, therefore..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Intention of person who contributed purchase money has to be decided on basis of surrounding circumstances, relationship of parties, motives governing their action in bringing about the transaction and their subsequent conduct etc...........
Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 2, Rule 3 -- Question of joinder of parties involves joinder of causes of action as per conjoint reading of O.1.R.3, O.2.R.3 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of cause of action - Where causes of action are joined, it should exist against all the defendants joined as parties...........
