Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from dispossessing plaintiff or alienating or encumbering suit property - Defendants have disputed marital status of plaintiff with their deceased son and have categorically denied her claim over property or her possession thereof - Validity of marriage becomes a question of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In order to claim benefit of presumption, there must at least be basic allegations specifying the obligation for which accused issued the cheque...........
Indian Penal Code, 1860, Section 500 -- Defamation - Acquittal - News item published concerning character of complainant - Admittedly, news item was published by A2 - Even, A2 did not claim to have made any inquiry before publishing news item - No evidence produced to show complainant as member of theater group, that breaches public peace and spread Gundaraj - Moreover, A2..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim filed on basis of cause of action arisen after filing of plaint is not permissible...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Barred by limitation - Counter claim has been filed for cause of action arose much before filing of suit but knowledge of defendant accrues from plaint itself - Trial Court accepted written statement but on account of deficient Court fees permitted defendant to pay deficit Court fees and allowed prayer of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 2nd Proviso - For applicability of second proviso to O.9.R.13, two things are required - Firstly, mere irregularity in service is not sufficient and secondly, Court should be satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer plaintiffs claim - If both conditions are satisfied..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No document, affidavit or income proof filed to indicate that wife is engaged in any gainful employment or possesses any financial resources of her own - Mere bald assertions made by husband cannot substitute evidence, especially in maintenance proceedings and sustenance of wife and child who are unable to..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Both the parties are litigating with regard to title and ownership of suit property against each other - Whole subject matter in both the proceedings is identical - If the first suit is decided, automatically claim of defendant in subsequent suit would become barred by res judicata - Subsequent suit,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Service -- Regularization - Additional Public Prosecutor - Claim for regularization of a person working on post of Additional Public Prosecutor on contractual basis cannot be entertained as such relief would be contrary to law, as appointment of Additional Public Prosecutors is a structured procedure as provided under Cr.P.C. and the relevant Rules prevalent in particular..........
