Civil Procedure Code, 1908, Order 1, Rule 3A -- Separate trial - When joinder of defendants may embarrass or delay the trial of suit, separate trial is required...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Investigation is at a nascent stage and without investigation, it cannot be ascertained as to whether or not there was intention on part of petitioners to dupe complainants of their hard-earned money by making false promises -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is definitely a relevant matter which Court must take into consideration while considering whether delay should be condoned or not...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that substantial justice deserves to be preferred as against the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering the plea for condonation of delay, Court must not start with the merits of the main matter - Court owes a duty to first ascertain the bona fides of explanation offered by the party seeking condonation - It is only if the sufficient cause assigned by the litigant and opposition of the other side is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused himself admitted his liability of Rs.2 lakh which he had borrowed from complainant in the year 2004 - He has no case that he repaid that amount to complainant after receipt of lawyer's notice - Accused got an acquittal on mere technicalities - However, in appeal, though..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Foreigners Act, 1946, Section 3 -- Bail to foreigner - Impleadment of Foreign Registration Officer - Authorities under Foreigners Act and the Order have no locus to oppose bail application filed by a foreigner unless bail is sought where allegation is of the offence punishable u/s 14 of Foreigners Act - Impleadment of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband and wife both are living separately for more than 16 years - There is no chance of their reunion and asking husband and wife to live together at this stage after a delay of 16 years would amount to cruelty to both of them - Marriage between parties dissolved by granting decree of..........
Acquisition of land -- Determination and award of compensation - State cannot abdicate its constitutional and statutory responsibility of payment of compensation by arguing that its role was limited to initiating acquisition proceedings - The delay in the payment of compensation, in accordance with law, to the landowners after taking away ownership of the subject land..........
