Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Signing and verification of execution application cannot be equated with that of verification of pleading as mandated U.O.6.R.15 CPC - Application for execution of decree can be moved by signing and verifying either by decree holder or by some other person proved to satisfaction of Court to be acquainted with..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues arise in the case - Nature of agreement of sale cum General Power of Attorney (AGPA) as to its validity is in question - Therefore, only when validity and enforceability of AGPA is decided, rival contention of respondent can be determined - Suit cannot be rejected at the threshold..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petitioner seeking transfer of a case from one Court to other does not have to establish actual bias, what is required is that petitioner seeking transfer must have a reasonable apprehension of bias...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Merely because one of parties in its pleadings (that too before a Court other than Court where subject suit is pending) alleges that other side deliberately enhanced valuation of suit to ensure that suit comes out of jurisdiction of concerned trial Court, it cannot be overstretched to mean that party making such..........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 324 IPC and S.75 of JJ Act - Quashing of proceedings - Allegation against school teacher/petitioner who beat children with cane on their legs, as children were engaged in clash - Child was not treated by..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - There is no prohibition under NDPS Act/Rules 2022 that Special Court constituted under NDPS Act, during pendency of trial, cannot release conveyance seized under NDPS Act on interim custody/Supurdagi -..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of CCTV footage and colour photographs which is part of challan - Denying supply of the same will amount to withholding opportunity of a fair trial - Trial Magistrate directed to supply of copies of pen drive and photographs to petitioner before framing of charge...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where several reliefs are sought in suit, if any one of reliefs is within the period of limitation, plaint cannot be rejected as barred by law by taking recourse to O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application for rejection of plaint only averments made in plaint and nothing else is to be considered to find out whether suit is barred by law - At this stage, defence is not to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When a suit is instituted for possession, based on title to defeat suit on the ground of adverse possession, burden is on defendant to prove adverse possession for prescriptive period - This, therefore, cannot be an issue on which plaint could be rejected at threshold...........
