Civil Procedure Code, 1908, Order 11, Rule 1(10), Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - Commercial dispute - Financial statements that defendants want to place reliance upon were not disclosed at the time of filing written statement in Oct 2022 - Explanation that audited financial statements were concluded only in Dec 2023 was..........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Civil Procedure Code, 1908, Order 39, Rule 2A, 7 -- Interim injunction - Violation of - When an injunction order is violated, appropriate remedy lies U.O.39.Rr.2-A, 7 CPC - Aggrieved party is required to bring alleged violation to notice of Court concerned, which may initiate appropriate proceedings or grant ancillary directions including police aid to secure compliance...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 392 -- Judgment reserved not pronounced - Directions issued to Registrar General of each High Court to furnish to Chief Justice of High Court a list of cases where judgment reserved is not pronounced within remaining period of that month and keep on repeating the same for three months - If judgment is not delivered within..........
Criminal Procedure Code, 1973, Section 105, 397 -- Service of summons - Sending notice to opposite party/de-facto complainant u/s 105 Cr.P.C., residing outside the territory of India in each and every revision application, not mandated...........
Agreement to sell -- Specific performance - Attesting witnesses have proved that agreement to sell was signed by defendant in their presence on receipt of earnest money of Rs.3,10,000 - Legal notice was served at the behest of plaintiff and received by defendant - Same remained un-responded - Defendant though claimed that plaintiff procured his signed blank stamped papers..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Filing an eviction suit by landlord is sufficient notice to tenant to vacate the property...........
Bharatiya Nyaya Sanhita, 2023, Section 329(4), 232, 351(3), 3(5), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 329(4), 232, 351(3), 3(5) BNS - Issuance of non-bailable warrants - Quashing of order - Notice issued u/s 35(3) BNSS indicates that investigation agency did not initially intend to arrest accused - Neither any material on record nor any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the signed undertaking by him - Fact which was admitted by him need not to be proved by complainant during course of trial - Moreover, there was sufficient evidence to show that legal notice was duly served on petitioner - Conviction upheld...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has nowhere stated in his notice that he wanted to break-up martial status, but he expected from wife to come back to her matrimonial home and live with husband - This clearly indicates that husband has condoned the cruel conduct, if any of wife - Despite that wife has..........
