Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise decree - Suit to set aside - Plea that relief sought is not to set aside the compromise decree and prayer is that compromise decree is not binding on him - Held, mere clever drafting would not permit the plaintiff to make the suit maintainable..........
Civil Procedure Code, 1908, Order 2, Rule 3, 2 -- Joinder of causes of action - O.2.R.3 CPC does not compel a plaintiff to join two or more causes of action in a single suit - Failure to join together all claims arising from a cause of action will be visited with consequences proclaimed in O.2.R.2 CPC...........
Indian Penal Code, 1860, Section 307, 336, 452, 148, 149, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of FIR - Compromise arrived at between parties - However, reasons mentioned for compromise are not valid reasons for entering into compromise - Complainant made statement on oath in which he simply stated that..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm arraigned as accused in complaint - Proprietorship is not a company - Provisions of S.141 of the Act thus, have no bearing to the case - Petitioner no.2 being proprietor is solely responsible for all its action and liability including liability to face prosecution u/s 138 of the..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration of title - Cause of action lastly arose in 1997 and suit was filed in 2001 - Suit of present nature has to be filed within 12 years in terms of Art.65 of the Act - Even, if it is seen that plaintiff had got knowledge of construction of wall in the year 1990, then also period of limitation for institution..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband and wife though started residing separately from 1997 - However, in 2005, husband and wife settled their dispute and started residing together - Factum of separation as mandated by law is thus, missing - Even otherwise, ground of desertion cannot be accepted for want of cause..........
Protection of life and liberty -- Inter-caste marriage - Girl is major and of marriageable age - Boy though major but not of marriageable age - Issue in hand is not of validity of marriage but petitioners are seeking protection of their life and liberty as envisaged u/art 21 of Constitution - Moreover, merely because boy is not of marriageable age, he cannot possibly be..........
Constitution of India, 1950, Article 226, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Writ petition - Maintainability - Writ petition against private financial institution u/art 226 of Constitution against proposed action/actions u/s 13(4) of SARFAESI Act, not maintainable in view of statutory..........
Constitution of India, 1950, Article 226, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Writ petition - Maintainability - Proceedings under SARFAESI Act - If proceedings are initiated under SARFEASI Act and any proposed action is to be taken and borrower is aggrieved by any of actions of private bank,..........
