Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance and permanent injunction - Oral agreement to sell is not valid as per J&K Transfer of Property Act - Relief of permanent injunction sustainable independently of relief of specific performance - There is no provision or concept of partial rejection of plaint - Plaint can..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition for custody of child - Wife failed to adduce even a piece of evidence to substantiate her apprehension that she may not get justice in Court where subject application for custody of child is pending - Even, wife failed to mention a single instance where Learned Judge has disclosed her biased mind or partial..........
Registration Act, 1908, Section 17 -- Right of pre-emption based on u, registered agreement - Pre-emption right being a partial restraint over right of owner restricting its transfer and alienation, though not creates any immediate right, title or interest over property when property is put in sale - Restraint on transfer and right of transfer are two sides of same coin..........
Mohammedan law -- Partial partition is permissible amongst Mohammedans, as under Mohammedan law heirs of deceased Muslim succeed to a definite fraction of every part of his estate - Muslim co-sharers are not obliged to file a general suit for partition of all properties in which they are interested and there is nothing to preclude one of them from seeking a portion of..........
Criminal Procedure Code, 1973, Section 156, Constitution of India,1950, Article 21 -- Fair investigation - Is a sine qua non of Art. 21 of Constitution - Wherein investigation has to be unbiased, and without any prejudice for or against accused because if same is partial and unfair then whole criminal justice system will be at stake and same will erode confidence of common..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of partition suit - Suit for partial partition - Defendant sought complete partition of property at the stage when appeal was being heard at final stage - Parties are governed by Muslim law and even if Muslim law permits partial partition, defendants could have sought complete partition, but only at the stage of..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3) -- Rent and eviction - Non-payment of rent - Partial surrender of premises - Split up tenancy arrangement sought for by bank and partial surrender of first floor and second floor of tenanted premises was per se illegal and wrong therefore, bank is liable to pay rent taking monthly rent of tenanted..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - High Court has no jurisdiction to set aside partial award made u/s 16 of Arbitration and Conciliation Act, in a writ petition filed against an order made by District Judge in an untenable application...........
Indian Penal Code, 1860, Section 376(2)(i), 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape of 8 years old minor girl - Case of partial penetration - Reduction of sentence - Redness in vulva and vagina accompanied by slight swelling in vagina proves that child was sexually abused and was exploited - Accused denied said fact and pleaded..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Disability - Initially, 45% permanent partial disablement was certified by PW1, which later on certified as 50% by PW2 after 2-1/2 years of incident - Tribunal assessed the same as 95%, without any basis and reason to sum up the percentage of disablement stated by 2 doctors and to take it to be a case of..........
