Civil Procedure Code, 1908, Section 151 -- Application u/s 151 CPC - Plaint without specific averments about cause of action, cannot be allowed to be maintained on basis of any application submitted u/s 151 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of Courts below that plaintiff failed to prove encroachment or interference by defendants - Demarcation report and expert witnesses confirmed that both the parties were in possession of their respective Khasra numbers disproving plaintiff's case of..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Benefit of refund of Court fee can be extended in any kind of settlement of dispute outside the Court - Plaintiff is entitled for refund of Court fee...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere existence of matrimonial discord, even if proven, does not automatically attract rigors of S.306 IPC unless there is clear evidence of incitement or abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Prosecution failed to establish a proximate link between alleged acts of cruelty and deceased's decision to commit suicide - No specific evidence was found that accused instigated, provoked or aided deceased to take the extreme step - Witnesses deposed that one month back there was a quarrel between accused and..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Accused subjected deceased to mental and physical cruelty - Pattern of behaviour shown by accused amounts to "willful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb or health," as defined u/s 498-A IPC - Incidents of sustained cruelty and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim of plaintiff is based on agreement to sell - Plaintiff was not able to prove prima facie case in his favour - Merely by producing photographs etc. petitioner could not prove his possession over plot in dispute - Defendants produced a number of documents to demolish case of plaintiff and were..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Where the issues had not been framed at the date of filing of application, O.6.R.17 Proviso CPC would not apply ...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Wrong khasra number was mentioned in plaint - Amendment sought is necessary to fully and properly adjudicate the case - Issues had not been framed and suit was at pre trial stage - Application rightly allowed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 1116 days in filing appeal - Respondents raised very same grounds which were raised in earlier round of litigation and delay was not condoned - Grounds put forth were insufficient to constitute `sufficient cause' u/s 5 of Limitation Act - Application dismissed...........
