Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Issue as to whether agreement between parties was executable or not would be an issue to be decided during trial - Trial Court has discretion to grant such relief or not to grant as per stipulation u/s 20 of Specific Relief Act - Plaint not liable to be rejected...........
Property -- Inherited property - A property obtained through inheritance, whether by way of a Will or upon the demise of property owner, is classified as inherited property - Inheritor holds exclusive ownership over the said property, and is entitled to freely transfer, sell, or dispose of it at their discretion - There are no claims based on birth right, with ownership..........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483 -- Bail - Constitutional Courts can lay down the principles governing the grant of bail or anticipatory bail - However, Constitutional Courts cannot interfere with the discretion of Trial Courts by laying down the form in which an order should be passed while deciding bail..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Process can be issued on the basis of contents of complaint, documents in support thereof and affidavit submitted in support of complaint - Magistrate has discretion and is not bound to call upon complainant to be examined to decide whether or not to issue process - Magistrate can rely upon affidavit..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere fact that there are few discrepancies in the FIR compared to statement of victim recorded u/s 164 Cr.P.C, same is not a good ground to exercise discretion in favour of an accused in a serious offence like rape...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR/proceedings - At any stage of proceedings, an accused can adopt remedies either u/s 482 Cr.P.C. or Art.226 of Constitution for quashing FIR and proceedings started thereupon on the ground of abuse of process of law and any other available ground - Whether the challenge can be entertained or not is a matter of..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court, while exercising jurisdiction u/art 226 of Constitution has vast discretion to entertain a writ petition, even if alternate remedies may exist, especially in cases where Executive has blatantly and brazenly misused its power to weaken democratic values at the grass root level...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Parties in both the suits are same - Even the property in both the suits is same - Power to consolidate two suits lies with the domain and discretion of trial Court if it find it necessary to have a consolidated trial u/s 151 CPC - Consolidation of both the suits as directed by trial Court cannot be..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Non-utilization of suit property and keeping the same as vacant may be a disobedience of the object of gift but that by itself would not attract the power to revoke the gift deed, particularly when there is no stipulation in the gift deed that if the suit property is not so utilized, gift would stand..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court and Court of Session have concurrent jurisdiction to grant anticipatory bail for an offence - Hence, an application for grant of anticipatory bail directly in the High Court without first approaching Sessions Court is certainly maintainable - However, High Court hearing application for..........
