Indian Penal Code, 1860, Section 498A -- Cruelty - Statement of accused persons that unless wife brings the amount she should not come for cohabitation, without any action, will not amount to mental and physical harassment...........
Constitution of India, 1950, Article 226 -- Writ petition - Money claim - Not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction - Non-payment of admitted dues may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of earlier suit U.O.7.R.11 CPC does not bar fresh suit on the same cause of action provided right of action is not barred by law of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Earlier suit as filed by plaintiff in 1993 and plaint in said suit rejected in 1998 - Second suit of 2007 was filed on the strength of O.7.R.13 CPC for the very same cause of action and for seeking very same relief of specific performance of agreement - Plaintiff could have filed the second suit on or..........
Limitation Act, 1963, Article 113 -- Limitation - Art.113 of Schedule to Limitation Act provides for a suit to be instituted within three years from date when right to sue accrues - Right to sue accrues only when cause of action arises, that is, right to prosecute to obtain relief by legal means...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of res judicata, cause of action, under valuation, limitation have to be decided on trial but the same cannot be a ground for rejection of plaint, especially when parameters of O.7.R.11 CPC are not satisfied...........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Non-compliance with decree of restitution of conjugal right - Both the parties jointly filed a petition for restitution of conjugal rights and a decree was passed - However, neither party took steps to enforce the decree for restitution of conjugal rights and more than a year had passed without any such action -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff "having no cause of action" and plaint "discloses no cause of action" are two different situations - When plaintiff would not have any cause of action for suit, suit would ultimately be dismissed but if plaint does not disclose any cause of action, plaint would be rejected...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Jurisdiction of Court - Suit based on promissory note can be filed where defendant resides or where cause of action arose - Decision of plaintiff to file the suit where cause of action occurred does not negate the jurisdiction of Court there...........
