Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape - Complainant lodged complaint almost eight years after alleged incident - She also posted post on facebook somewhere in 2018 making allegations against about 14 people, including appellant with regard to alleged sexual abuse - Complainant also did not go to..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Plaint disclosing cause of action but same was cognizable by Revenue Court - Only course open to Civil Court is to return plaint and not to reject the same...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction - Return of plaint - At any stage of suit, plaint can be returned to be presented to the Court in which suit should have been instituted...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Cause of action cognizable by Revenue Court - Revenue Court cannot be excluded from the definition of Court for the purposes of O.7.R.10 CPC...........
Evidence Act, 1872, Section 115 -- Estoppel - There is no question of estoppel against a party where an error is committed by Court itself and Court is under a bounden duty to correct its own mistake...........
Constitution of India, 1950, Article 226 -- Writ petition - Registration of document - Challenge as to - Writ petition would be maintainable only where there is failure on the part of registering authority to stick to the mandate of law and mere cancellation of registration of document is sought - Declaration that the document is null and void is exclusively within the..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court, while exercising jurisdiction u/art 226 of Constitution has vast discretion to entertain a writ petition, even if alternate remedies may exist, especially in cases where Executive has blatantly and brazenly misused its power to weaken democratic values at the grass root level...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 50% disability - Enhancement of compensation - Considering the nature of disability i.e amputation of left leg below knee, age, occupation of petitioner and compensation awarded under different heads, compensation enhanced a sum of Rs.7 lakhs in addition to compensation as awarded by High Court, making a total..........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
