Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - New plea raising a pure question of law can be raised at any stage and a plea relating to jurisdiction of Court can also be raised at any stage - Therefore same can be raised at the stage of entertaining application u/s 482 Cr.P.C...........
Tenancy -- Creation of tenancy can only be by way of bilateral agreement - Proof of express and implied consent of landowner is imperative - In absence of such proof, plea of tenancy cannot succeed...........
Rent and Eviction -- Non-payment of lease rent - Cultivating tenants themselves admitted that they had given a legal notice showing their readiness and willingness to pay lease rent amount - Therefore, they cannot take a plea that they were handicapped due to COVID-19 Pandemic - Default is of at least three years and time given of two months was not per se inadequate -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Five cheques - Joint trial - Plea that there can be joint trial for three offences - It would be within domain of trial Court to decide at the stage of framing of charges as to which of three offences should be tried together and trial judge would consider the feasibility of separation of trial for two..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Plea of non-framing of an issue with regard to easementary right - Specific case of plaintiff is that windows/ventilation are existing for last about 50 years through which he is enjoying the light and air which was denied by defendant and parties have led their evidence on this aspect - In these circumstances,..........
Eviction suit by a co-owner -- Plea of partition by tenant - Tenant has no concern with partition of property in dispute and it is open only for co-owners - Tenant has no right to raise issue of partition in eviction suit...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Second application for rejection of plaint - Same plea was raised earlier - Principles of res judicata/constructive judicata are applicable in the subsequent stages of same proceedings during pendency of suit - Order dismissing application on ground of res judicata, upheld...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Rape - Accused by way of additional evidence summoned Deputy Commissioner of police on the ground that he had purportedly recorded video of crime scene in his mobile phone - However, when prosecution states that police team had visited scene of crime, plea to examine Deputy Commissioner..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Failure of Court to decide a plea that has not been raised, cannot be termed as an error apparent on the face of record...........
Specific Relief Act, 1963, Section 37, 38, 39 -- Suit for permanent and mandatory injunction - Plea of limitation - Neither any issue was framed regarding limitation nor from testimony of defendants it is revealed that any such statement was made therein - No such contention was raised before first appellate Court - Contention taken by defendant qua suit being barred by..........
