Civil Procedure Code, 1908, Order 20, Rule 14 -- Decree in pre-emption suit - Non-deposit of deficit amount - Balance amount to be deposited by appellant was not specified in the decree - Deficiency was only Rs.14 - Appellants had already deposited Rs.9200 including pre-emption amount - Predecessor-in-interest of appellants is in possession of property and mutation has..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Return of plaint - Lack of territorial jurisdiction - Agreement for which specific performance is sought for is a draft agreement, not signed by applicants - Provision of S.8 of Arbitration and Conciliation Act would not be applicable - Subject matter of suit would not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of land - By appointing a commission to demarcate the land will not amount to collection of evidence in favour of one party for the reason that result remain a contingent and may favour either or none of parties - Application allowed...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Defendant entered into settlement with plaintiff on the basis of GPA on behalf of his siblings and himself - None of siblings of defendant challenged the factum of execution of GPA - However, their allegations are that defendant had betrayed them and got GPA executed under wrong influence -..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - When charges are altered, opportunity must be given to both, prosecution and defence, to recall or re-examine witnesses in reference to such altered charges...........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - When charges are altered by Court, reasons for the same must be recorded in the judgment...........
Indian Penal Code, 1860, Section 34, 149 -- Common intention and common object - Distinction - S.34 IPC requires active participation and prior meeting of minds, whereas S.149 IPC assigns liability merely by membership of an unlawful assembly and has a wider scope than S.34 IPC...........
Indian Penal Code, 1860, Section 34 -- Common intention - Mere common intention per se may not attract S.34 IPC without action in furtherance of such common intention...........
