Civil Procedure Code, 1908, Section 115 -- Revision - To satisfy the regularity, correctness, legality or propriety of impugned decision, High court shall not exercise its power as an appellate power to reappreciate or reassess the evidence for coming to a different finding on facts - Revisional power is not and cannot be equated with power of reconsideration of all..........
Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Registered post - `Not claimed' - Deemed service - Failure of party to claim notice sent through registered post at his last known address can be taken as `deemed service'...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cannot be left open to be decided in the suit by framing an issue as to rejection of plaint - It will defeat the purpose of provision of O.7.R.11 CPC which is to save Courts valuable time in adjudicating frivolous suits...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non-framing of an issue - When parties understood the area of controversy and adduced evidence in relation to that, mere fact that an issue was not framed does not affect adjudication...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - When eviction of tenant is sought by issuing quit notice u/s 106 of T.P.Act before instituting suit, proof of default in payment of rents is not a relevant ground for eviction...........
Indian Penal Code, 1860, Section 320, 322, Criminal Procedure Code, 1973, Section 468 -- Emasculation - Limitation - Petitioner along with 400 other males underwent castration surgery on inducement of 5th respondent that such emasculation would lead to realization of God - Compliant lodged after 12 years of incident - Question of delay in launching criminal prosecution may..........
Punjab Municipal Act, 1911, Section 49 -- Suit for declaration - Suit filed without giving notice u/s 49 of the Act - Service of notice u/s 49 of the Act is mandatory and not directory - Held, non service of notice itself debars the suit itself...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 420 & 34 IPC - Earlier bail application was rejected by Additional Session Judge - Second bail application was allowed by another Additional Session Judge - Second Judge cannot entertain bail application especially when earlier Judge was available - However, it is duty of prosecution to bring it..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Notice of summons for judgment was served on defendants and not on their advocate as advocate was not available - Immediately after acquiring knowledge of decree being passed instant notice of motion came to be filed - It cannot be said that defendants have acted in negligence..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty or harassment - Need not always be demonstrated in the form of physical violence - In case a married woman goes out of her in laws house and i, laws make demand for dowry as a pre-condition for taking her back and even a Panchayat was held at local level to sort out the issue, are sufficient ingredients..........
