Agreement to sell -- Minor's property - Agreement to sell executed by defendant No.1 on behalf of minors - No prior permission sought from Guardian Court for execution of agreement qua interest of minor - Said agreement being opposed to public policy and law could not be treated as valid agreement to give rise to cause of specific performance...........
Agreement to sell -- Specific performance - Execution of agreement to sell by defendant No.1 on behalf of herself and on behalf of other defendants including minors - No power of Attorney was there in favour of defendant No.1 and even no permission was sought from the Court of competent jurisdiction regarding selling of property of minors which is sine qua non as per..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Report elicited from an expert through process of Court - It is not open for that party, that too in a private complaint u/s 138 of NI Act, to seek process of Court, to obtain another report, without even setting aside the first report...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - When a report is obtained from a private expert without the intervention of Court, and that too when originals of cheques in question are in the custody of Court, party who obtained such a report cannot insist that Court should issue summons to such a..........
Constitution of India, 1950, Article 226 -- Transfer of investigation to CBI - High Court is empowered to entrust investigation to CBI while exercising its powers u/art 226 of Constitution - However, High Court has to come to a reasoning as to why it finds that investigation by State Police is not fair or is partisan - Merely on the basis of some letters such an exercise..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Wife had not been able to render satisfaction that she had been prevented by any sufficient cause from appearing - She did not seek before Family Court right to be represented by legal practitioner - Wife appointed one and entered..........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Where the trial is not concluded within 60 days as prescribed u/s 437(2) Cr.P.C that does not give a right to bail for default - Term "shall" used in S.437 Cr.P.C is discretionary - Court should exercise such powers judiciously and consider other circumstances as provided u/s 437 of the Code of Criminal Procedure...........
Criminal trial -- Court cannot convict one accused and acquit the other when there is similar or identical evidence pitted against two accused persons...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Issues - Application filed to frame issue qua counter claim after final arguments were heard - Trial Court to frame an issue qua counter claim but defendant would not be at liberty to lead any evidence at this stage qua said issue and Court to decide the issue..........
