Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - No relief was sought against applicant in the suit - In a suit for specific performance only parties to agreement are necessary parties and applicant neither necessary nor proper party to suit proceedings - Order allowing application set aside...........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 32 -- Divorce - Irretrievable breakdown of marriage - Writ petition - Party cannot file a writ petition u/art 32 of Constitution and seek relief of dissolution of marriage directly from Supreme Court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Impleadment of State as party represented by Deputy Collector - Notice u/s 80 CPC was not issued before filing of suit - During pendency of suit, provision of S.80 CPC cannot be complied with - Application rightly dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 1 kg charas - Material contradictions in statement of prosecution witnesses - Testimony of PW1 (Station Officer) that police party did not conduct its own search on the spot but his statement not supported by PW2 (Constable) who stated that he did search the police party on the spot -..........
Clarification of order passed by Supreme Court -- Application by third party - Law laid down by S.C is binding on all u/art 141 of Constitution, but before applying law, Court where proceedings are pending is required to test applicability of law declared by S.C on basis of facts of a particular case - Applicant cannot be permitted to seek clarification of order of S.C by..........
Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree- Re-marriage - S.15 of the Act does not make any distinction between contested decree and an ex parte decree - Therefore, in case of an ex parte decree of divorce it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within period of limitation...........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Tender floated for lease of 27887.50 sq. meters - However, transaction concluded on execution of lease deed without demur for 18262.89 sq. meters and instrument registered - It is not open to either party to question at least in the writ jurisdiction of High Court under Article..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court is required to see conduct of party even while deciding an application U.O.9.R.13 CPC...........
Indian Penal Code, 1860, Section 307, 323, 341, 447, 34 -- Attempt to murder - Parties are closed relatives and are in joint possession of agricultural field - Incident occurred suddenly on a trivial issue - There is no premeditation - Accused party allegedly made assault over complainant party as a consequence of which victims received injuries - Medical evidence shows..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Interest - Defendant borrowed Rs.3 lakhs for her family necessities but not for business purposes - Plaintiff being a private party was not justified in demanding interest @ Rs.24% p.a - It is thus, just and proper to award interest @ Rs.12% p.a on principal amount of Rs.3 lakhs from date of suit..........
