Electricity -- Refund of amount deposited under protest towards bills - Application filed by appellant in 2001 for reduction of maximum demand which was pending consideration by competent authority for a long time and in 2004 it was agreed to and a new agreement to that effect was entered into - No reason has been put forth for keeping such application pending - Appellant..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of former suit on the ground of disappearance of cause of action cannot be operate as res judicata in subsequent suit, as judgment passed in former suit was not on merits...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - When cause of action and issues raised in two or more suits are similar, Courts can exercise power u/s 151 CPC to consolidate suits...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in the plaint if taken and proved to be correct in its entirety on trial of suit, would undoubtedly result in granting reliefs prayed for by plaintiffs - Plaint discloses a real cause of action - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in the plaint if taken and proved to be correct in its entirety on trial of suit, would undoubtedly result in granting reliefs prayed for by plaintiffs - Plaint discloses a real cause of action - Application U.O.7.R.11 CPC rightly rejected...........
Protection of Children from Sexual Offences Act, 2012, Section 10, 9(n), 14, 13(b), 15, Information Technology Act, 2000, Section 67B(a), (b), (c), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Discharge of accused - Petitioner was only propagating her views on the default sexualisation of the female naked body - The freedom of speech and..........
Power of attorney -- Execution of agreement to sell, power of attorney and Will - On the strength of power of attorney, neither sale deed executed nor any action pursuant thereof taken - Non execution of any document by power of attorney holder consequent to it renders said power of attorney useless...........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness must in all cases be backed by willingness and its imminent physical action is demonstrated when it is about to be put into action...........
Criminal Procedure Code, 1973, Section 220 -- Joint trial - Same transaction - Commonality of purpose or design and continuity of action manifest that the same or different offences were committed in the course of the same transaction - Proximity of time, unity of place, unity or community of purpose or design and continuity of action make the series of acts alleged..........
Civil Procedure Code, 1908, Section 10, 11, 151 -- Stay of subsequent suit - Barred by res judicata - Issue involved in the counter claim and rent application are separate and cause of action is distinct - Principle of res judicata would not operate and there would be no possibility of any conflicting decrees being passed - Applications u/ss 10, 151 CPC does not satisfy..........
