Indian Penal Code, 1860, Section 447, 427, 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 447, 427, 341, 323 IPC and S.3(1)(x) of SC/ST Act - Quashing of FIR - Material available on record shows that accused trespassed into agricultural land of complainant, uprooted trees and hurled caste based abuse at..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Secured asset - Possession of - Stay of proceedings - Suit for permanent injunction filed by tenant which is pending before Civil Court against landlord prior to invoking of provision of SARFAESI Act by bank -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Plaintiff does not have any unqualified and unfettered right to withdraw suit at appellate stage when rights have accrued to defendant under a decree...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Right of plaintiff to withdraw suit at appellate stage is not an absolute right, but same is subject to condition showing a very strong case when no prejudice is to be caused to defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - A person having relevant evidence may be a necessary witness and he cannot be termed as a proper party...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Recovery suit for money based on promissory notes - Case was at the stage of trial - Defendants have taken a defence that they had a financial transaction only with proposed third defendant and a blank promissory note was given to him and same is misused by plaintiff - However, defence taken by..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party on the basis of some assertions in plaint against them - However, no relief claimed against them - Plaintiff directed to delete such assertions - Order allowing impleadment set aside...........
Criminal Procedure Code, 1973, Section 190(1)(a) -- Cognizance of offence - Complaint filed otherwise than on a police report - Order sheet of Magistrate, summoning the accused must show that she has applied her mind to allegations - However, Magistrate need not pass either a detailed and elaborative order or write the words `cognizance taken' - Stage of taking cognizance..........
Indian Penal Code, 1860, Section 500, 501, Criminal Procedure Code, 1973, Section 199(1) -- Offence u/ss 500, 501 IPC - Court can take cognizance upon a complaint made by some person aggrieved by the offence and not on the basis of final report filed by police...........
Insolvency and Bankruptcy Code, 2016, Section 30(5), 30(2), 31(1), 60(5) -- Judicial Review - Residual jurisdiction of NCLT u/S.60(5)(c) cannot, in any manner, whittle down S.31(1) of Code, by investment of some discretionary or equity jurisdiction in Adjudicating Authority outside S.30(2) of Code, when it comes to resolution plan being adjudicated upon by Adjudicating..........
