Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Partition suit - Suit land was inam re-granted to defendant no.1 - He was granted ownership and thus, he was absolute owner and entitled to dispose of property - When father and grandfather of plaintiff never objected to sale deed or asserted any right in respect of property,..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Statement of PWs - Mother of deceased/PW6 while deposing demand of dowry has not deposed to any particular act of cruelty or harassment by appellant - Essential ingredients of S.304-B IPC not made out from evidence of PW6 - Statements of bother of deceased/PW7 not contain any specific instance of..........
Adverse possession -- Mutation of revenue records, payment of Kist, custody of original title Deed, mere long possession and enjoyment for more than statutory period, are alone not sufficient to constitute adverse possession, unless denial of title is brought to knowledge of title holder - Limitation clock begins to tick only when denial of title is conveyed to real owner..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons initially issued to defendant were received back unserved and plaintiffs were directed to file fresh correct addresses of defendant - Thereafter notices were sent at new address, which were received back unserved - AD receipts were also not received back and thereafter publication was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Word `Co-operation' involves joining investigation, providing truthful and relevant information, and assisting in uncovering facts within the knowledge of accused, but it does not extend to compelling self incrimination, extracting confessions, or using coercion...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Nothing on record to suggest, even prima facie, that any of the ingredients of offence u/s 420 IPC are met in the case of appellant - No intent can be hinted to, where the appellant had willfully, with the intent to defraud, acted..........
Limitation Act, 1963, Article 58, 59 -- Limitation - Prayer for two reliefs - Composite suit for cancellation of sale deed and recovery of possession - Limitation period should be considered with respect to substantive relief of cancellation of Sale Deed which would be three years from the date of knowledge of Sale Deed sought to be cancelled...........
Indian Penal Code, 1860, Section 312, 313 -- Offence u/ss 312, 313 IPC - Allegation that complainant was given poisonous food by appellants herein and was coerced into consuming the same - However, it is mentioned in the FIR that complainant used to live in a separate house due to alleged harassment by appellants and their son - There is not even a whisper in FIR about..........
Bharatiya Nyaya Sanhita, 2023, Section 106, 100 -- Nature of offence - When someone does stunts on a public road, endangering public safety, and when motor sport is not being conducted with knowledge of traffic control authorities and ample time has been given to them to take preventive steps, acts of public stunt, it leads to death would fall in the definition of culpable..........
