Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - Court had not put petitioner on notice regarding his right to be defended by a pleader assigned by State on the date on which petitioner's earlier Counsel relinquished his Vakalath - Even it is for accused to decide whether he wants to conduct the case himself or through a lawyer assigned by Court,..........
Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Where an official railway inquiry or evidentiary record verifies issuance of a ticket corresponding to date and route of an untoward incident, such verification shall constitute prima facie proof of bona fide travel, shifting evidentiary burden on Railway Administration - Absence of a seizure..........
Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When there was a specific averment in plaint with respect to suit being within limitation from the date of knowledge, it was not a case for rejection of plaint U.O.7.R.11 CPC at the stage of registration...........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for cancellation of sale deeds - Plaintiff valued the suit on basis of consideration mentioned in sale deeds, which is erroneous, because market value of property involved in sale deeds is to be considered on the date of filing of suit - But trial Court has ignored this fact - Trial Court is directed to..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Limitation - Period of limitation to file an application u/s 11(6) of the Act would start from 21.04.2018 i.e. 30 days from date of submission of bill, as submitted by appellant and an application for appointment of arbitration ought to be filed within 3 years from such date i.e. on or..........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Expeditious disposal of case - Case status goes to show that Commissioner's report is not filed since 10.10.2022 to 11.9.2025 - As on date status of main petition is for filing report of Advocate Commissioner - Since divorce petition is of the year 2018, trial Court shall proceed with the matter on day to day basis..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Questions relating to starting point of limitation and reckoning date of knowledge of essential facts, which form basis of cause of action, would have to be held to be triable issues and a suit cannot be dismissed at the threshold or upon an application U.O.7.R.11(d) CPC in..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Where date of knowledge has been specifically pleaded in the plaint and forms the basis of accrual of cause of action, issue of limitation cannot be decided at the threshold - Question of limitation, in such a situation, would be a mixed question of fact and law, which would..........
Agreement to sell -- Specific performance - Agreement was executed in respect of tentative allotment of 250 sq. yd., whereas the actual area turned out to be 412.41 sq. yd. nearly two and half years later - Moreover transfer to Defendant No.3 took place almost four decades ago - Urban property prices have escalated steeply - It will be wholly inequitable and contrary to..........
