Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - Decree for specific performance - Petitioner claimed that he purchased the suit property under a registered sale deed for valid consideration from defendant no.5 - However, he purchased the suit property subsequent to registration of deed of sale in favour of DH while..........
Indian Penal Code, 1860, Section 279 -- Rash and negligence driving - Mere fact that accused was driving the vehicle at high speed may not attract the provision of S.279 IPC - Criminal negligence or criminal rashness is an important element...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligence driving - Death of 7 years old child - No witness has asserted that driver was operating his jeep rashly or negligently - Parents of child/deceased were pre-occupied in alighting the truck and unloading their luggage leaving them no control over activities of child - In such circumstances, since the numerous..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Whether suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including written statement in the case...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Act of appellant not premeditated but is a result of sudden fight and quarrel in the heat of passion - Accused had knowledge that such an act can result in the death of deceased, but there was no intention to kill deceased - Finding converted from S.302 to S.304(Part II) IPC and accused sentenced to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint At the time of disposal of application U.O.7.R.11 CPC, only averments made in the plaint are to be seen and defence of defendants cannot be considered...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(h) -- Rejection of plaint - Suit for injunction - Since no other remedy is available to plaintiff to get relief sought in the suit, suit is maintainable before civil Court on the cause of action as mentioned in the plaint - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 3, Rule 2 -- Permission sought to lead evidence through husband and special power of attorney - Assessment of evidence cannot be done at the stage of consideration of application filed U.O.3.R.2 CPC - It is only after the evidence is led and witness is cross examined that Court has to assess whether the person, who has deposed..........
