Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether reliefs claimed in the plaint can be granted or not cannot be determined at the stage of considering an application U.O.7.R.11 CPC, as Court has ample powers to mould reliefs at the time of passing final judgment...........
Partition -- Not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations, for the reasons viz. (a) alienees as well as the co-sharer are still entitled to sustain the alienation to the extent of the share of the co-sharer; (b) it may also be open to the alienee, in the final decree proceedings, to seek the allotment of the transferred..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration without claiming further or consequential relief - Relevant only at the time of final adjudication of suit - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction of balcony on agricultural land belonging to plaintiff - Defendant was raising construction on plots purchased by him - If he was restrained from raising construction by temporary injunction, then he would suffer irreparable loss - Plaintiff is having..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - It is permissible in law to quash FIR or final report only against one or some of accused on the ground of settlement, depending upon facts and circumstances of each case invoking S.482 Cr.P.C...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Proceedings at the verge of final hearing - Transfer application is liable to be dismissed...........
Criminal Procedure Code, 1973, Section 482, 154, 156(3) -- Quashing of second FIR - On account of malicious conduct and active concealment - Complainant got two FIRs registered against petitioners on the same cause of action - Filing of successive applications without disclosing the final report in earlier applications and instituting criminal proceedings with a malafide..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Indian Penal Code, 1860, Section 420, 406, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to know about writing on cheque - Signatures admitted - Issue as to who filled up the cheque is to be examined at the time of final adjudication - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report - Objections - There is no provision in law for inviting objections to the report of Local Commissioner - Even, if any such objections are filed by either of parties, same can only be gone into after Local Commissioner has been cross-examined by Court U.O.26.R.10 CPC, that too along with other..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately since 2004 i.e 18 years have passed - Chances of reconciliation are impossible, as matter was referred to mediation but report was one of failure - Nothing really subsists in the marriage except mutual acrimony -..........
