Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Court not to dismiss application unless it holds that relief claimed is covered under a specific issue or issues to be raised are not required to be adjudicated - Impugned order dismissing application set aside and matter remitted for decision afresh...........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration without seeking relief of possession is not maintainable, if plaintiff is not in possession of suit property...........
Partition -- Preliminary decree - Defendants transferred their undivided share in property in favour of plaintiff - Assessment made by lower appellate Court and High Court that plaintiff entitled to share of defendants held, proper - However, there is small error which needs to be corrected - The addition of 1/24 share of defendant no.1 and 1/4th share of defendant no.2..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Prayer claiming larger extent than could be claimed as per suit agreement - This is not an issue which could have been gone into by trial Court at the time of registration of plaint - Trial Court had no power to determine as to the extent of relief that could be claimed at the very threshold and requiring..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Not maintainable when it is filed against a finding and not against decree...........
Indian Penal Code, 1860, Section 366 -- Abduction - Evidence on record shows that complainant and accused were in relationship which was known to their families also - Primary allegation is that accused took complainant forcibly to his house - But it was not with intent to seduce her to illicit intercourse - Statement of being molested by complainant at the hands of..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal u/s 96 CPC - Is maintainable against ex parte decree, notwithstanding dismissal of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 11 -- Plea of res judicata - At the appellate stage - Issue as to res judicata was not struck between parties and both the parties argued the matter based upon pleadings and judgment contained in two suits - It is only after full arguments on both sides that trial Court accepted respondent's plea of res judicata - Even before appellate..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Subsequent suit raises an issue which is different from that contained in earlier suit filed by same party - More so, earlier suit declared valid a transaction which is prohibited by law - Such erroneous earlier judgment cannot operate as res judicata...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Proceedings under the Act - Maintainability - Father and mother of husband never resided or stayed together with wife in a domestic relationship as defined u/s 2(f) of the Act - Compliant filed under the Act against father and mother of husband quashed being not maintainable...........
