Civil Procedure Code, 1908, Section 146, Order 22, Rule 10 -- Transferee pendente lite - While deciding an application u/s 146 and O.22.R.10 CPC Court is not required to go into controversy as to whether person sought to be impleaded as party in the suit is either necessary or proper party - If person sought to be impleaded as a party is legal representative of a party to..........
Bank guarantee -- Invocation of - Development project - First Respondent failed to perform its obligations as covenanted - Appellant cancelled the Letter of Intent (LOI) and resultantly invoked the bank guarantee - Between the bank and appellant, the moment there is a written demand for invoking bank guarantee pursuant to breach of covenants between appellant and first..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3(g) -- Rent and eviction - Expression `family' - Includes female who has legal right of residence in the building in relation to landlord regardless of the fact whether she is married or not...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3(g) -- Rent and eviction - Expression `family' - Includes female who has legal right of residence in the building - In such case female would be entitled to seek eviction of tenant from such building for her need...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - With liberty to file afresh suit - Part of suit property is acquired by Government - Court below allowed application for withdrawal of suit and gave reasonable opportunity to plaintiff to implead State as necessary party in proceeding - Possibility of failure of plaintiff in the proceeding on technical..........
Indian Penal Code, 1860, Section 468, 471, 420, 34 -- Forged documents - Cheating - Allegation against lawyer of accused - Relationship between lawyer and an accused is professional relationship and it does not constitute any legal relationship except for engagement as a lawyer for acting on behalf of the accused - Without there being a relationship as such to constitute..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - A bald allegation that wife treated husband and his family members in cruel manner without any legal evidence to substantiate such plea - Is not sufficient to grant the relief of divorce...........
Precedent -- A mere direction of Court without considering the legal position is not a precedent...........
Criminal Procedure Code, 1973, Section 357, 357A, Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Penetrative sexual assault - Prosecutrix entitled to compensation of Rs.1 lakh from Sikkim State Legal Services Authority under Sikkim compensation to victims or dependents scheme...........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - If continuation of pregnancy is harmful to mental health of a pregnant woman, then that is a good and legal ground to allow termination if pregnancy is not exceeding 20 weeks...........