Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Institution of suit at place where defendant resides or cause of action arises - Provision of S.20 CPC is a residuary provision only which is applicable to cases beyond those in Ss.15 to 19 CPC...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Quarrel between accused and deceased and there was hot exchange of words - Accused had given a solitary blow on the chest of deceased by means of a knife - He is a members of ST and hails from Scheduled area of State, judicial notice of fact can be taken that their temper usually run high and behavior..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim not only be set up "against the claim of plaintiffs" and the same can even be on a separate or independent cause of action...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - First appellate Court has not uttered a single word in respect of dispute between plaintiffs and defendants on merit, but erroneously remanded the matter back for giving an opportunity to interveners whose claim against defendants is based on entirely different story and cause of action - Order of remand set aside -..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Once wife is staying at her parental home on account of ousting from her matrimonial house on account of less dowry is held to be a cruelty, then it would become a continuous offence and every day would give a fresh cause of action - FIR cannot be..........
Civil Procedure Code, 1908, Order 23, Rule 2 -- Withdrawal of suit - Granting leave to withdraw suit with liberty to file a fresh suit on the same cause of action - Does not extend the period of limitation - Fresh suit should be filed within the original period of limitation which was available to plaintiff and liberty granted in earlier suit cannot be taken advantage of..........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Appellant has posted that "Art.370 of Constitution was abrogated, we are not happy" - He intended to criticize the action of abrogation of Art.370 of Constitution - It is a simple protest by appellant against the decision to abrogate Art.370 of Constitution - S.153-A(1)(a) IPC will not be attracted as what is..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and the fact elicited from plaintiff by examining him U.O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and the fact elicited from plaintiff by examining him U.O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff failing to establish his right to sue - There exists no valid cause of action for filing suit - Plaint rejected...........
