Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration based on unregistered gift deed is nullity in law u/s 123 of T.P. Act - Cause of action cannot arise on basis of void document - Plaint rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Interim order which recognizes or confers possession and effectively decides main controversy amounts to virtually decreeing suit at an interlocutory stage, which is impermissible in law - Impugned order set aside - Parties directed to maintain status quo with respect to suit property...........
Indian Penal Code, 1860, Section 498A, 323, 377, 406, 506 -- Cruelty - Allegations against parents-in-law - Petitioners were not residing in a shared household with wife - Nothing in the FIR which disclosed any specific date, time or proximate incident demonstrating active participation of petitioners in alleged acts of cruelty or harassment - Belated implication of..........
Civil Procedure Code, 1908, Section 52, 53, Order 21 -- Execution - Money decree - Liability of LRs of deceased debtor - Once decree fixes liability upon legal representatives, Court is required to examine whether property sought to be attached forms part of estate of deceased and if so to proceed strictly in accordance with law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea raised are mixed questions of fact and law, which will be tried in main suit and cannot be dealt with at the preliminary stage of suit proceedings - Application rightly rejected...........
Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 417 IPC - Prosecutrix allegedly induced to go for sexual relationship but they travelled together voluntarily on multiple occasions, stayed together and conducted in the manner akin to husband and wife - Such conduct indicates mutual consent and companionship rather then..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest must be communicated to accused in writing - Law as to: (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS; (ii) grounds of arrest must be communicated in..........
Wrong provision of law -- Mere non-mentioning of correct provision is not fatal to application, if power is available with Court...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Offence u/s 498-A IPC - Allegations of cruelty and harassment in connection with alleged monetary demand attributed with clarity and consistency to husband and father-in-law - However, no specific overt act, date, instance, conversation or independent..........
Practice and Procedure -- Precedent and res judicata - Distinction - A decision between two parties which sets out a principle of law will operate as a precedent for disputes between two other parties too - Precedent operates in rem - In contrast, a res judicata operates in personam between same parties either in later stage of same litigation between them or in a..........
