Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice would not be rendered invalid merely because period mentioned therein was short as prescribed u/s 106(1) of the Act, in the event suit proceedings have been initiated after expiry of the period mentioned in the provision...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of arguments - Proposed amendment if allowed would change very nature of plaint and very source of title which plaintiffs have averred to have been derived this property in suit - Amendment sought also being very vague and general in nature, as no date of sale deed and particulars thereof is..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Res judicata - Divorce proceedings - Second divorce petition is based on subsequent and fresh cause of action relating to infliction of cruelty and desertion on a subsequent date - Cause of action pleaded in second divorce petition was different than in earlier suit - Second divorce petition is..........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Suit for permanent injunction - Without seeking relief of declaration of title - When relationship between plaintiff and defendant is admitted and when plaintiff is seeking for exclusive right in respect of suit property, it would be incumbent upon plaintiff to establish his title - Courts in a suit for permanent..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents were created only to frustrate the purpose for which civil suit was filed - Application U.O.41.R.27 CPC filed with object to frustrate and defeat the judgment and decree - Application dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Concurrent findings of Courts below that plaintiff has got title over suit property and defendants had encroached upon suit property of plaintiff by putting up a superstructure - Court below rightly directed defendant to hand over vacant possession of encroached portion - Suit..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 of the Act - Civil suit is pending between parties - However, no protection or ad interim injunction has been granted - Police report reveals that there was every chance of breach of peace - Impugned preliminary order and order of attachment of property is proper...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata apply even at different stages of same suit...........
Agreement to sell -- Suit for specific performance - Limitation - As per agreement time not fixed for execution of sale agreement - Limitation is thus governed by second part of Art.54 of Limitation Act - Limitation of three years starts to run when plaintiff has notice that performance has been refused...........
