Specific Relief Act, 1963, Section 34 -- Suit for declaration that defendant no.2 is not adopted son of defendant no.1 - Not maintainable, at the instance of plaintiff, as he is stranger to family of defendant no.1...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Eviction - Eviction sought by father-i, law against widowed daughter-i, law during pendency of suit for possession filed for same cause of action - Not maintainable, as two parallel proceedings for same cause of action cannot continue - Application rightly dismissed...........
Specific Relief Act, 1963, Section 38, Registration Act, 1908, Section 49(c), 50 -- Suit for declaration of title - On basis of unregistered partition deed - In the absence of any prayer to set aside registered partition deed, suit is not maintainable...........
Civil Procedure Code, 1908, Order 37, Rule 1, Partnership Act, 1932, Section 69(2) -- Money suit - Suit by registered partnership firm - Maintainability - Certificate of registration of plaintiff-company proved during trial - Firm being a registered partnership firm, entitled to sue and enforce its right arising out of a contract by or on behalf of any person showing as a..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Civil dispute - Agreement between parties regarding supply of goods - There was no mal-intention of applicants as due money deposited by complainant - Nothing was due towards complainant, as balance amount was already paid by company to complainant, as per own admission of complainant himself - Moreover, civil..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Family Courts Act, 1984, Section 7 -- Rejection of plaint - Suit for recovery of money involving amount settled between parties, relating to marriage dispute - Jurisdiction of Civil Court - Suit cannot be treated as a simple suit for recovery of money rather Court undertaking such process is bound to take up question..........
Malicious Prosecution -- Once process of criminal law is set in motion without reasonable cause and damage results to effected party claim for damages by way of civil suit become maintainable - It is not all necessary, to maintain suit for damages of malicious prosecution, that criminal process initiated by defendants should have reached stage where plaintiff might have..........
Malicious Prosecution -- Meaning - What is required is that criminal was set in motion against plaintiff, he suffered damages due to that initiation of criminal law and ultimately that process of criminal law ended in favour of plaintiff - Hence, it is not formal acquittal which is necessary - It is only ending of criminal process in favour of plaintiff which makes his..........
Succession Act, 1925, Section 306 -- Malicious prosecution - Suit for damages for malicious prosecution does not fall in exception created by S.306 of Act, i.e. defamation or assault or personal injury - Cause would fall within main and general language of S.306 of Act and not in exceptions created by Section - However, claim against appellant on account of malicious..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Petition and not suit filed under a special enactment - CPC not applicable except to a limited extent - Application dismissed as not maintainable...........
