Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Plaintiff directed to pay ad valorem Court fee as per market value of property without specifying as to how the market value is to be calculated and by whom - Trial Court should first determine market value of suit property by allowing parties to place on record documentary evidence in that..........
Service -- Dispute as to inter se seniority between direct recruits and promotees - Persons selected and appointed by nomination/direct recruits are eligible only after prescribed course of training - Person who successfully completes the training effectively gets the monetary compensation for his training period but period spent on training and other period of probation..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13 -- Applications for restoration of suit and setting aside ex parte decree - Guidelines issued to avoid delay in disposal of said applications: (i) At Numbering Stage- Such petitions shall be checked and numbered within a period of three (3) days; (ii) At Notice Stage- After..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Trial Court without making any inquiry itself and without giving any opportunity to either party of case to lead evidence in their support, came to conclusion that in educational documents of accused different dates of birth have been entered - Order of trial Court..........
Criminal Procedure Code, 1973, Section 154, 482 -- Second FIR - Cannot be filed on receipt of every subsequent information in respect of same cognizable offence or same occurrence giving rise to one or more cognizable offences - If I.O after investigation after conclusion of investigation comes across any further information pertaining to same incident, he can make further..........
Custody of child -- Claimed by father - Child expressed his desire to stay with his mother - He has to use wheelchair often for his movements - Welfare of child has to be given predominance - Considering physical condition of child and special needs and conveniences required for his day-to-day affairs, giving overnight custody of child to father is not conducive and in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Repayment of entire loan amount - Defence of accused of alleged repayment of entire loan must be adduced by accused unless it is specifically admitted orally or by documentary evidence by complainant - Rebuttal of presumption by giving suggestions to complainant is uncalled..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan transaction - Accused admitted the financial transaction between her and complainant - Issuance of cheque has to be considered as towards legally enforceable debt - Defence of accused of alleged repayment of entire loan must be adduced by accused unless it is specifically admitted orally or by..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Faulty hair cut - Damage to hair and scalp - Award of compensation of Rs.2 crores - In the impugned order of NCDRC there is no reference or discussion on any material evidence to quantify the compensation - Respondent if having any material to substantiate her claim may be given..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Material concealment of fact - Plaintiff set up an untrue case by giving an impression that she was the sole owner of the entire plot whereas plaintiff has only a share in the property in dispute and is not owner in possession over the entire plot - No error in the finding of Courts below..........
