Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plea that O.38.R.5 CPC does not empower Court to pass any order affecting rights of the parties - Plea held, not tenable - If purely on legal grounds, an application for attachment before judgment is dismissed at the inception, without issuing a notice to defendant, certainly it will be an order..........
Right to protest -- Blockage of public way which causes grave inconvenience to commuters - Public ways and public spaces cannot be occupied in such a manner and that too indefinitely - Demonstrations expressing dissent have to be in designated places alone - Plea that indeterminable number of people can assemble whenever they choose to protest is not an acceptable plea -..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 930 grams of Hashish Oil - Mandatory provisions of the Act are not violated in the case - Plea of alibi taken by accused rightly rejected by trial Court, as same is not proved - Trial Court considered each and every point raised by accused - No interference warranted in conviction and..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25(b) -- Suit for eviction - Ground of bonafide need - Landlord seeking eviction with prospects of expansion of business running from the adjoining shop to the tenanted premises - Therefore, plea of tenant that other shops are lying under lock, therefore, is liable to be rejected - Status of tenants being kirayadaar cannot be..........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption u/s 29 of the Act - S.29 of the Act has no application if a bail plea is being considered before charges have been framed...........
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..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Plea of bar U.O.2.R.2 CPC is a technical plea which has to be pleaded and satisfactorily established - If plea of bar U.O.2.R.2 CPC is not taken, Court should not suo moto decide plea...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Plea of bar U.O.2.R.2 CPC cannot be raised before Supreme Court if not raised in High Court...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Filing of a plaint on a cause qua which there is an arbitration clause, per se does not means that plaint is barred by any law - In such an eventuality defendant has to move appropriate application for referring the matter to Arbitrator - When defendant does not raise this plea at first..........
