Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Murder - Petitioners are additional accused who have been summoned u/s 358 BNSS - They are not required for the purpose of investigation and they intend to surrender and join the proceedings before trial Court - Petitioners do not intend to defy law and ready to face trial and their plea for..........
Agreement to sell -- Specific performance - Plaintiff made repeated demands to defendant to execute sale deed - Plea by defendant that plaintiff had not issued any notice asking him to execute the sale deed - There is no rule in evidence that a notice must always be in a written form...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife cannot be compelled to enter into a contractual arrangement whereby she is placed under an obligation to rent her property to husband, and thereby have her own independent source of income through rent - Impugned order set aside - Matter remanded back to appellate Court for..........
Arbitration and Conciliation Act, 1996, Section 16(2) -- Jurisdiction of Arbitral Tribunal - Plea of lack of jurisdiction of arbitral Tribunal cannot be raised after submission of statement of defence...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Partition suit - Plea of previous partition - Facts of partition have to be specifically pleaded and proved - Merely contending that suit property has already been partitioned, is not sufficient...........
Civil Procedure Code, 1908, Section 115 -- Revision - Order of dismissal of suit - Order passed has the status of a decree and challenge to the same has to be made by filing appeal - Revision not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused himself admitted his liability of Rs.2 lakh which he had borrowed from complainant in the year 2004 - He has no case that he repaid that amount to complainant after receipt of lawyer's notice - Accused got an acquittal on mere technicalities - However, in appeal, though..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Objection as to territorial and pecuniary jurisdiction of first appellant Court has to be taken at the earliest point of time in first appeal - Objection having not taken before first appellate authority, cannot be allowed to be taken at a subsequent stage in second appeal...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has not dealt the second appeal in accordance with law and has failed to consider the relevant vital issues affecting the rights of parties to litigation - Judgment and order passed by High Court set aside - Matter remitted back to High Court for fresh consideration of second appeal in accordance with..........
