Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - By father of victim - Not maintainable - As regarding impleadment application filed on behalf of victim, same is also not in order, as it is not supported by affidavit of victim nor any reason has been given in this regard - Even, she has not engaged counsel for filing appeal as there is no..........
Specific Relief Act, 1963, Section 34 -- Proviso - Suit for declaration - Suit without seeking further relief which plaintiffs are able to seek further relief but omitted to do so - Suit is not maintainable...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of vigilance enquiry report - No case is pending against petitioner in any criminal Court on basis of vigilance enquiry report - Petitioner neither sought any order of High Court to give effect to any order passed under Cr.P.C nor sought any order to prevent abuse of process of any criminal Court - Application..........
Civil Procedure Code, 1908, Order 43, Rule 1A -- Appeal - Consent decree - Appeal U.O.43.R.1-A CPC against consent decree is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - `To do all lawful acts' a clause in the power of attorney does not authorise the attorney to sell the land - Acts mentioned in the Power of Attorney are in respect of Court proceedings - There is no clause permitting attorney to sell the property or to enter into any agreement to sell - In the absence of..........
Constitution of India, 1950, Article 32 -- Writ petition - Maintainability - Dispute regarding real estate project - Specific statutory provisions holding the field available for purchaser/petitioners - Entertaining a petition of this nature will involve Court in virtually carrying out a day to day supervision of a building project - Even, there is no reason to assume that..........
Arbitration and Conciliation Act, 1996, Section 34, 37(1)(c) -- Arbitration award - Objections - Delay - Refusal to condone delay - An appeal is maintainable against an order refusing to condone delay in filing an application u/s 34 of the Act to set aside an award...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(8) -- Bonafide requirement - Plea of tenant is that there is no functional integrity between building in occupation by landlord and tenant and therefore, application u/s.11(8) of the Act is not maintainable - There is no clear averments in petition that landlord is occupying a part of building and..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction without seeking declaration of title - In suit nothing narrated about title dispute - Suit is maintainable in view of previous litigation which was initiated at the instance of defendant No.1 where he lost suit for declaration and recovery of possession of the same property...........
Criminal Procedure Code, 1973, Section 482 -- Second application for recall of an order - Maintainability - Petitioner earlier also filed application for recall of order for very same relief, which was dismissed - Second application for same relief is not maintainable - Application dismissed...........
