Suits Valuation Act, 1887 -- Tenancy created by person having life interest under Will - Death of person having life interest - Tenant can be evicted on the grounds contemplated under the Rent Act - Tenant does not become a trespasser - Suit for possession, held, not maintainable...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction without seeking relief of declaration - Maintainability - Where defendants failed to establish their claim of title, possession and enjoyment of disputed property and plaintiffs on the other hand proved their ownership, possession and enjoyment of suit property, there is no need for plaintiff to seek..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheques - Four cheques - Single complaint - Magistrate at the time of framing charge has to decide whether all the four cheques pertain to the same transaction - If it is so, then single complaint is maintainable - In case all the four cheques do not relate to the same..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for partition of ancestral property was filed by sister of plaintiff against plaintiff and their father - Sister of plaintiff got equal share in said suit - Said findings attained finality being not challenged - Argument that said property is self acquired property is not sustainable when the issue is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Remedy for defendant is to file appeal - Writ petition not maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Solely against co-defendants - Not maintainable...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 34, 120B -- Cheating - Criminal complaint and police complaint simultaneously - Dispute regarding property was under litigation at different stages - First round of litigation was civil litigation - Complainant had resorted both the remedies i.e police case and complaint case, whereas proceedings in complaint case were..........
Civil Procedure Code, 1908, Section 11 - - Constructive res-judicata - Earlier suit for declaration of title and subsequent suit for possession - Earlier suit was between same parties for same property - Even, issue involved in subsequent suit is directly and substantially involved in earlier - Moreover, only on guise of forceful dispossession by plaintiff, it cannot be..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Anticipatory bail - Offence u/ss 22, 61, 85 NDPS Act - Petitioner filed application u/s 439 Cr.P.C. for grant of regular bail and concession of interim regular bail was extended on specific ground that FSL report was awaited - Upon filing of FSL report by..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Separate suit to challenge compromise decree obtained on the basis of compromise is not maintainable...........
