Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2016, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Plaintiff did not show any urgency as he had earlier filed a suit without seeking any urgent interim reliefs and then withdrew the same - Subsequently, he filed a suit along with an application for seeking ex..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Complainant purchased land from co-accused - Accused acted as a broker in the execution of deal - He was neither the executant nor witness to the sale deed - No allegation that accused had entered into a criminal conspiracy with any other..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of writ petition dismissed in default - Application for restoration was filed within a period of one month which fact has been admitted by State - Said application was never considered on merits - Appellant still claims to be in possession of land under acquisition, writ petition preferred by appellant should have..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of money amounting to Nine lakhs - Ex parte decree set aside subject to payment of Rs.500/- costs - In general a money decree is not stayed unconditional and J.D. would be put on terms on the ground that such conditions must be reasonable with regard to all relevant factors..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating or encumbering suit property till disposal of suit - Partition suit - Defendant contended that there was already partition deed of the year 2008 - Right of plaintiff is to be ascertained in the trial and matter is to be considered on merits - If nature of..........
Hindu Marriage Act, 1955, Section 16 -- Children born out of void and voidable marriage - Once the status of children is established as extended family of propositus, irrespective of whether the marriages of mothers of children with propositus is void or voidable, children are entitled to a share in the property of notional partition in favour of propositus...........
Revenue record -- Entry in land record does not confer any right and title in favour of recorded person and same is always subject to proof - Record of rights are meant for the purposes of realization of land revenue...........
Revenue Record -- Any person who is claiming his right and title over land in question on the basis of revenue entry has to prove his ownership in accordance with law - Mere entry in land record is not sufficient to prove right and title over the land in question...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Ex parte order - Setting aside - Counsel not appeared on the relevant date which resulted in ex parte order passed against defendants - Party cannot be made to suffer for fault of counsel - Foreclosure of defendant's right to cross-examine PW1 and PW2 has resulted in grave prejudice to right of defence of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Ex parte maintenance order - Husband as per his own pleading is working as a daily labourer and it can be assumed that he is earning at least minimum wages as notified by State of NCT of Delhi - Minimum wages for an unskilled employee as on today in State are Rs.17,494 pm - In such circumstances, monthly..........
