Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Valuation of suit and court fee - It is nature of relief claimed which becomes the basis for valuation of a suit - A suit is always to be valued on the reliefs as claimed - Market value of any property cannot be a decisive factor for valuation of suit - Since the relief..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413, 2(y) -- Victim - When damage/loss claimed to have been suffered by accused is not the direct consequence of accusations constituting the crime in question, such a person cannot be treated as a victim in law, for the purpose of remedy contemplated in the proviso to S.413 BNSS...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendants as plaintiffs can only be in the circumstances: (i) when plaintiff has withdrawn the suit or abandoned the suit and (ii) when defendant has substantial question of law to be decided against any other defendant...........
Service -- Government Order - Effect of - If a Government Order is treated to be in the nature of a clarification of an earlier Government Order, it may be made applicable retrospectively - Conversely, if a subsequent Government Order is held to be a modification/amendment of earlier Government Order, its application would be prospective as retrospective application..........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Scope of S.37 of the Act is much more summary in nature and not like an ordinary civil appeal - Award as such cannot be touched unless it is contrary to the substantive provision of law any provision of the Act or the terms of agreement...........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Appellate Court has no authority of law to consider the matter in dispute before the arbitral tribunal on merits so as to find out as to whether the decision of arbitral tribunal is right or wrong upon reappraisal of evidence as if it is sitting in an ordinary Court of appeal - It is only..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Question of intention to kill or knowledge of death in terms of S.307 IPC is a question of fact and not one of law...........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Post mortem report indicates that death of deceased was unnatural and commission of murder cannot be ruled out - But there is no direct evidence on record to prove the commission of murder by appellants - Link of causation between appellants and alleged offence is conspicuously missing -..........
Agreement to sell -- Minor's property - Agreement to sell executed by defendant No.1 on behalf of minors - No prior permission sought from Guardian Court for execution of agreement qua interest of minor - Said agreement being opposed to public policy and law could not be treated as valid agreement to give rise to cause of specific performance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
