Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to file suit u/s 92 CPC - Defendants admitted execution of trust deed - Contention of defendants that they are using property for their own use and some shops have been let out and their names are recorded in Nagar Palika record does not confer any right or title on them - At the stage of grant of leave, prima..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Without liberty to file fresh on same cause of action - Plaintiff can abandon a suit or a part of his claim as a matter of right without permission of Court - He need not obtain any permission from Court to abandon suit - However, plaintiff will be precluded from suing again on same cause of action...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - Formal defect - In order to constitute a ground for making an application for withdrawing from suit with liberty to file fresh suit on same subject matter, it is not sufficient to show that there is some formal defect in the suit but it is also necessary to show that suit would fail on account of..........
Partition -- Final decree proceedings - Challenge as to preliminary decree - Courts cannot go beyond preliminary decree, modify or vary share allotted to parties in preliminary decree - Respondents/third party seeking to file additional counter affidavit challenging preliminary decree itself relying on certain documents alleged to have come to their knowledge - They have..........
Prohibition of Child Marriage Act, 2006, Section 10 -- Child marriage - Performance of marriage by Mandir, Masjid, Gurudwara and Girjaghar without maintaining any record - Directions issued viz. (i) All the Pujari/Pandit of Mandir, Molwi/Qazi of Masjid, Granthi of Gurudwara and Paadari of Girjaghar in the States of Punjab, Haryana and U.T. Chandigarh, will maintain a..........
Hindu Marriage Act, 1955, Section 13B, 12(i)(a), (c) -- Annulment of marriage - Petition dismissed as withdrawn - Parties filing an application for divorce by mutual consent direct before the appellate Court - Held, appellate Court is not entitled to take up an application for divorce by mutual consent filed direct before appellate Court nor appellate Court while dealing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - From reply to notice, intention of drawer is clear that he does not wish to make payment - Complainant need not to wait for 15 days to file complaint...........
Companies Act, 2013, Section 421(3) -- Condonation of delay in filing appeal - Appeal against order of National Company Law Tribunal (NCLT) - Period of limitation of 45 days prescribed in S.421(3) of the Act, would start running only from date on which a copy of order of Tribunal is made available to person aggrieved - However, appellants chose to apply for a certified..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction order - Brother of tenant appeared before Executing Court contending that he proposed to file objections - However, no objections have been filed rather he file an application U.O.39.Rr1, 2 CPC - Maintainability of objections - Petitioner permitted to raise plea of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complainant having its Head Office at Siliguri and that there is no reason why it chose to file a complaint in Agra - Not a ground for seeking transfer of proceedings - Under S.142(2)(a) of the Act, Court within whose jurisdiction the..........
