Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Entire evidence is on record - Lower Appellate Court should have framed an issue U.O.41.R.24 CPC and should have adjudicated the issue by itself - Remand of suit by lower Appellate Court is unwarranted - Lower appellate Court directed to dispose of the appeal as expeditiously as possible...........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Financial status of either party is not the sole determining factor when considering the issue of custody, though it may be relevant...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Denial of title of Landlord - Tenants admittedly in possession and occupation of land under lease granted by respondent - There is no other party that has claimed title to property in question and issue of any other title holder paramount does not arise in the case - It does not lie for a lessee to question the..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Maintenance - Courts have to look for other laws applicable when question pertains to right to be maintained - However, where issue does not pertain to mere maintenance, independent rights are available to an aggrieved u/s 20 of the Act itself...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including written statement in the case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation being a mixed question of law and facts, has to be decided after considering the evidence of parties and hearing them after framing an issue as to limitation - Application dismissed...........
Civil Procedure Code, 1908, Section 41 -- Additional evidence at appellate stage - First appellate Court has all the powers to record additional evidence or seek report from trial Court after framing an additional issue or allowing application for additional evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Issue that cheque was based upon a contingent condition - To be proved by leading cogent evidence by both the parties - High Court merely upon reading the conditions attached with invoice cannot conclude that other conditions which accused is required to fulfill have been..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - When the same issue is put in issue in a later suit based on title between the same parties or their privies in a subsequent suit, decree in injunction suit equally operates as res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - Issue regarding ownership and possession decided against one `S' in earlier suit - Plaintiff in subsequent suit being purchaser of said property from said `S' would definitely be bound by the same - He cannot be permitted to set up..........
