Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Co-owner of property seeking impleadment as a party - If he is permitted to be impleaded as a party then Court would be called upon to adjudicate the dispute inter se the petitioner and applicant - If that happens rent suit would be converted to title suit - No party can be impleaded..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stay of proceedings during pendency of Arbitration proceedings - Both civil and criminal proceedings can continue simultaneously if both arise from separate cause of action - Arbitration proceedings are with regard to civil dispute arising on alleged violation of terms of agreement whereas proceedings..........
Telecommunication -- Re-assessment/re-computation of AGR dues - No telecom operator shall raise any dispute in respect of demand raised by Department of Telecommunications pertaining to AGR dues - Re-assessment/re-computation of AGR dues is not permitted...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 504, 506 IPC and Ss.3/4 Dowry Prohibition Act - Parties amicably settled the dispute - Proceedings arise from a matrimonial dispute, which is of a personal nature - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 504 -- Quashing of proceedings - Offence u/ss 323, 147, 504 IPC - Compromise arrived at between parties - Dispute in question is private dispute - Proceedings quashed...........
Court Fees Act, 1870, Section 16 -- Refund of Court fee - Withdrawal of appeal pursuant to an amicable settlement of dispute arrived at between parties outside Court without getting matter referred to alternative dispute resolution forum as contemplated u/s 89 CPC - Appellants are entitled to refund of Court fee...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Plaintiffs by way of second amendment application sought to introduce and elaborate further facts within four corners of amended plaint - Amendment sought introducing new cause of action were only in the nature of elaborating pleadings already existing after first amendment - However,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22(1)(3), Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, Rule 21(2)(1), 21(2)(3) -- Ancestral property - Petitioner and his two brothers have undivided shares in suit property - Dispute of share and possession of disputed property is pure and simple, which can be..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation of cruelty and unnatural death of deceased was made by complainant only after death of deceased - No evidence on record that accused demanded dowry as a consequence of marriage - Even, complainant stated in FIR that he voluntary gave bridal presents according to his capacity - Moreover, there..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Complainant admitted that he had received amount from accused being cheque amount and he has given quietus to dispute and he has no objection with regard to setting aside conviction and sentence passed against accused - Conviction and sentence set aside...........
