Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - JD failed to raise a material irregularity in the context of O.21.R.66(2)(a) CPC at the appropriate stage, i.e., with regard to sale of a part of property being sufficient to satisfy decree - It is not open to JD to now raise such a belated plea and blithely place burden on the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to include some properties - Plaintiff in a partition suit may not be aware of all properties sought to be partitioned of common ancestral properties and if during pendency of case, acquire such knowledge about some more properties that need to be partitioned or included..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 25 -- Maintenance order - Defect of coram non judice - Tribunal passed impugned orders without lawful coram - Once an order is found to have been passed by an authority lacking jurisdiction or lawful coram, it is nullity in the eyes of law and cannot be sustained, irrespective of whether such a..........
Insurance -- Once a proposal is accepted by insurer and formalities are complete, in absence of plea and evidence of fraud or misrepresentation making contract voidable at the instance of insurer, insurer cannot be permitted to wriggle out of its liability under the contract...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Plea that land sold exceeded what was agreed or that consideration was not paid are questions of fact, to be adjudicated in trial proceedings after proper pleadings and evidence - Those contentions do not affect legal requirement of affixing proper..........
Court Fees Act, 1870, Section 7 -- Court fee - Suit for declaration and permanent injunction challenging two sale deeds - Plaintiffs are executants of sale deeds which they seek to set aside - Plea that sale deeds were obtained by fraud or that full consideration was not paid does not alter their status as executants - Even if such allegations are assumed to be true,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea relating to evidentiary validity of document - Cannot be examined at the stage of considering an application U.O.7.R.11 CPC...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Can be raised in any Court at any stage and even after final disposal of a special leave petition u/art 136 of Constitution...........
Indian Penal Code, 1860, Section 302, 149, 147, 148, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Petitioner was 12 years 5 months old on the date of incident - Victim died as a result of multiple injuries caused by use of knife as well as lathis - No specific role attributed to petitioner - Petitioner has suffered..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Section 420, 406, 471, 120B -- Quashing of proceedings - Cheating - Plea as to lack of consent u/s 6 of Delhi Special Police Establishment Act ought to have raised soon after registration of FIR - Once investigation is complete, charge sheet has been filed and Court of competent jurisdiction..........
