Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed for non payment of entire sale consideration - Plaintiff not taking recourse to legal action for over a period of 5-1/2 years for payment of balance sale consideration, reflects that institution of suit is an..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Suit for cancellation of sale deed for non payment of entire sale consideration - Not a ground for cancellation of sale deed - Plaintiff has other remedies to recover the balance sale consideration - Relief of cancellation of registered sale deed cannot be granted - Suit is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in appeal - Suit for cancellation of sale deed and permanent injunction - Application for impleadment rejected on the ground that plaintiff sought impleadment on the basis of sale deed which stands cancelled by Trial Court - However, said reasoning is incorrect, as sale deed is not cancelled so far -..........
Bank Guarantee -- Invocation of - On ground of blacklisting of contractor and cancellation of registration certificate - However, said order was quashed and certificate was restored - Invocation of bank guarantee held, not proper - Contractor entitled to refund - Directions issued...........
Criminal Procedure Code, 1973, Section 53, 482 -- Non-bailable warrants - Petitioners were evading service despite having knowledge of issuance of summons - Non-bailable warrants were issued against them - Even after issuance of non-bailable warrants, petitioners instead of putting appearance before Court and praying for cancellation of said warrants, approached High Court..........
Specific Relief Act, 1963, Section 31 -- Cancellation of Will - Suit property self acquired property of father of plaintiff - Registered Will executed by father of plaintiff in favour of defendant which is duly proved in accordance with law - Concurrent findings of Courts below dismissing suit - No interference warranted in said findings - Suit rightly dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape - Accused and victim got married to each other in jail after seeking permission - Accused is entitled to bail - However, in case accused during pendency of trial attempts to divorce or divorces, girl whom he..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Senior citizen - Transfer of property in favour of major children - Wife of senior citizen on basis of forged Power of attorney (POA) transferred property of senior citizen in favour of their children - Properties in question are self acquired properties of senior citizen and he had exclusive..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - If the order granting bail is vitiated by arbitrary and wrong exercise of discretion by Court, the same can be set at naught by High Court u/s 439(2) of the Code...........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 9(f), 9(k), 9(m), 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Cancellation of bail - Outraging modesty of minor girl by her teacher - Victim aged about 11 years is an intellectual..........
