Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed, declaration and permanent injunction - Sale deed in question executed in favour of defendant Nos. 1 & 2 while playing fraud and misrepresentation without paying sale consideration to plaintiff - It cannot be said that suit has been filed without any cause of action -..........
Specific Relief Act, 1963, Section 38 -- Simpliciter suit for permanent injunction - Decree passed in such a suit would be binding only upon parties to suit and not upon any third party who is not impleaded therein...........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty and desertion - Non-framing of specific issues - Pleadings to constitute grounds of cruelty and desertion were made in divorce petition and wife could understand the true nature of divorce petition that same has been filed on the grounds of cruelty and desertion and averments of divorce petition were..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 245 -- (Criminal Procedure Code, 1973, S.222) - Minor offence - Where facts proved disclose commission of a minor offence, trial Court is empowered u/s 222 Cr.P.C. to record conviction for such minor offence even in absence of a specific charge, provided essential ingredients thereof are established beyond reasonable doubt..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - Mode of payment - Statute does not prescribe any specific mode of payment - Making of payment thus entails a legally valid tender and does not press/pose a cash payment alone - It has to be understood as a valid offer and acceptance of legally enforceable discharge..........
Bharatiya Nyaya Sanhita, 2023, Section 108, 45 -- Abetment of suicide - To prove the offence of abetment it must be state of mind of accused to commit a particular crime that must also be visible so as to determine culpability of his action...........
Bharatiya Nyaya Sanhita, 2023, Section 108, 45 -- Abetment of suicide - In the absence of any positive action on the part of accused proximate to time of occurrence which led to suicide, offence u/s 108 BNS would not be considered to have been committed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings made qua cause of action in plaint - Whether facts as pleaded are true or not is a matter of evidence - No finding definitely can be recorded to said effect while deciding an application U.O.7.R.11 CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If upon a meaningful reading of plaint, Court reaches to a conclusion that drafting of plaint is such as to create an illusion of cause of action, whereas suit is barred by limitation, plaint can be rejected U.O.7.R.11 CPC...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Offence u/s 498-A IPC - Allegations of cruelty and harassment in connection with alleged monetary demand attributed with clarity and consistency to husband and father-in-law - However, no specific overt act, date, instance, conversation or independent..........
