Indian Penal Code, 1860, Section 354 -- Outraging the modesty of a woman - The ultimate test for ascertaining whether the modesty of a woman has been outraged, assaulted or insulted is that the action of the offender should be such that it may be perceived as one which is capable of shocking the sense of decency of a woman - A person slapping on the posterior of a woman in..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Ground pleaded that survey number and boundaries not properly given in plaint - Reason adduced not well founded which can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - One distinct cause of action cannot be substituted for another nor the subject matter of suit can be changed by means of an amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Guiding principles - (i) Court may at any stage of the proceedings allow either party to alter or amend pleadings in such a manner and on such terms as may be just, (ii) All amendments shall be made which are necessary for the purpose of determining the real question of controversy between the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Scope - One distinct cause of action can not be substituted by another nor the subject matter of the suit can be changed by way of amendment...........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition of land assessable to land revenue - Once a preliminary decree for partition is passed and a precept is sent to Collector and Collector takes an action then all proceedings would lie before the Collector - If any person is aggrieved he has to take recourse to the remedies as available under the Land..........
Negotiable Instruments Act, 1881, Section 138 -- Pre mature complaint - Complaint not to be dismissed - Complaint can be kept pending for taking cognizance when cause of action arises to the complainant or it may be returned to complainant for filing it later...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Entire cause of action arose at place `B' - Suit filed at place `K' - Held, plaint rightly returned to be filed at place `B'...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Suit filed by husband - Suit itself was not maintainable having been filed by person of unsound mind - petitioner after death of her husband cannot be permitted to sign on plaint of suit which was filed by her husband - If she has any cause of action, she may file fresh suit...........
Consumer Protection Act, 1986, Section 17(2) -- Territorial jurisdiction - Respondent lost his hand bag containing travellers cheques etc. at Patna Railway Station while coming from Delhi to Patna - The cause of action had arisen at Patna and within the jurisdiction of the State Commission Patna - Plea of the appellant that State Commission, Bihar would have no..........
