Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant implicated on the basis of confessional statement of co-accused - He joined the investigation - Merely because nothing incriminating could be discovered would not mean that there is non co-operation on the part of accused - Otherwise also, in the Counter Affidavit, it is not stated that..........
Agreement to sell -- Specific performance - Order to deposit balance sale consideration - Issue of readiness and willingness is yet to be gone into and merely because agreement to sell has been admitted by parties would not be a ground to permit defendant to deposit the amount in Court - However, since the amount already stands deposited by defendant, therefore, amount so..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
Civil Procedure Code, 1908, Order 8, Rule 6C, Commercial Courts Act, 2016, Section 12A -- Counter claim - Rejection of counter claim sought on the ground that pre-institution mediation has not taken place qua counter claim - Both the parties have already meditated and have failed in such mediation - Once pre-institution mediation has happened, when plaintiff wanted to..........
Hindu Marriage Act, 1955, Section 9, 13 -- Petition by wife for restitution of conjugal rights and counter claim of divorce by husband - Petition for restitution of conjugal rights dismissed and counter claim decreed - Husband set out a list of incidents of cruelty meted out to him and his cross examination has not brought out any contradiction or improvement from his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Question as to whether complaint is frivolous or not and whether it is the act of counter blast or retaliation post lodging of FIR by applicant against complainant, is a subject matter of trial, consideration whereof is not required at the summoning stage - Petition for..........
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..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ia) -- Divorce - Cruelty and desertion - Petition by husband - Wife made counter allegations that it was husband and his mother who on almost every day used to torture her mentally and forced her to leave matrimonial house - Both husband and wife are living separately since 2019 and initiatives taken for reconstructing..........
