Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Test for raising objection under the Rule is that whether claim made in the subsequent suit could have been made in the earlier suit or not - Cause of action must be same for application of the Rule...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Previous suit filed in the year 2015 - Present suit filed in the year 2016 - Appellant discovered fraud alleged to have been played by respondent pursuant to documents dated 10th and 12th February, 2016 - There was disclosure and discovery of new facts constituting new cause of action - Moreover the..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19 -- Applicability of S.5 of Limitation Act to appeal u/s 19 of Family Courts Act - Provision of S.5 of the Act is applicable for condoning delay in filing appeal u/s 19 of Family Courts Act by virtue of S.29 of Limitation Act, as there is no specific bar of application of Limitation Act under provisions of..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - O.7.R.14(3) CPC does not create absolute bar on acceptance of document at a later stage of proceedings of suit...........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Merely because on same set of facts with same allegations and averments earlier complaint is filed, there is no bar to lodge FIR with police station with same allegations and averments - However, if it is found that subsequent FIR is abuse of process of law and same is lodged only..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not to be granted merely on submission made at the Bar when admittedly such prayer is not incorporated in an application for temporary injunction...........
Guardians and Wards Act, 1890, Section 12, 25, Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Proviso - Interim custody of children - Claimed by mother - Children are getting all love, affection and care from their father - Though custody of a minor below 5 years of age shall ordinarily be with mother as per S.6(a) Proviso of Hindu Minority and Guardianship Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Applicability of S.219 Cr.P.C. - There is no bar to lodge a single complaint in respect of more than one offence punishable u/s 138 of the Act - Thus, S.219 Cr.P.C. would not apply to proceedings u/s 138 of the Act...........
Agreement to sell -- Specific performance - Imperfect title - Period of limitation cannot be extended by taking a plea of an imperfect title or lack of title as contemplated u/s 13(1) of Specific Relief Act and that there was bar to alienate in view of S.52 of T.P. Act, particularly when plaintiff failed to establish readiness and willingness on his part of performing the..........
