Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed objection on her behalf and..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence from 1987 - Suit filed in..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 14, Evidence Act, 1872, Section 114 -- Plaintiff not appearing as his own witness - Defendant cannot compel plaintiff to examine himself as a witness - It is prerogative right of plaintiff to examine any witness - However, defendant can insist upon Court to draw adverse inference for non examination of plaintiff as..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials, defendant has not taken any..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Plea of adverse possession in subsequent suit on the basis of same sale deed - Barred by res-judicata as competent civil Court has already heard and decided the issue and same has reached finality...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to seek alternative plea of adverse possession - Suit for possession and permanent injunction - Destructive plea of adverse possession by way of amendment can be taken - No doubt, objection can be taken by plaintiff at first instance, but still cannot be said to be too late in a day when..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- Delayed FIR - Murder case - Offence committed at around 4-5 p.m - Registration of FIR at police station between 7.30 to 8.00 p.m. - No reason to draw adverse inference, particularly when after occurrence, deceased was taken to nearby nursing home where he was declared dead and body..........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34 -- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B -- Bail - Offence u/ss 409, 420, 467, 471, 120-B IPC - Multi-victim scam - Nature and gravity of offences - 870 complaints in three FIRs filed and a total of around 400 crores involved in scam - More than 1500 investors duped by accused by painting a rosy picture of..........
Civil Procedure Code, 1908, Section 100, Companies Act, 1956, Section 10F, 397, 398 -- Company Petition - Lease of Industrial Plot - Jurisdiction - There is no provision in S.10F of the Act which is akin to provisions contained in S.100(4) CPC - No case for winding up is made out so as to justify the exercise of powers u/ss 397, 398 of the Act by CLB, would hardly require..........
