Agreement to sell -- Specific performance - Plea that suit is not maintainable without seeking declaration of cancellation/termination of contract - Plea not tenable in absence of such a pleading - Had the defendants taken this objection at the first instance, while filing written statement, plaintiff would get an opportunity to amend the plaint and challenge the..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non-filing of written statement within prescribed period - Striking off defence - Written statement filed after 3 years and 8 months which is beyond 30 days prescribed under the Code which could be extended upto 90 days from date of issue of summons - Thus, it shows that defendants wanted to linger on the..........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 420, 406, 120B -- Complaint - Issue of process - Opposite party being aware of sale of land and about deaths of rightful owner executed agreement in order to compel petitioner to part with the money - Moreover, agreement was executed by opposite party in order to use the same as..........
Service -- Appointment - Post of Psychologist - Qualification - Harmonious reading of advertisement for the post shows that a person graduate in subject of Psychology or LT/BT B.Ed with Psychology is eligible - Use of stroke (/) between graduate/LT/BT.B.Ed in the same line meaning thereby one or either - Respondents wrongly interpreted advertisement to mean that person..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 27 -- Custody of minor children - Jurisdiction - Minor children taken away from their place of residence in Gurgaon (Haryana) to District Alwar (Rajasthan), three months prior to filing of the petition - Court is required to adjudicate the issue regarding jurisdiction on the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact - Same can only be decided after framing issue raised in this regard during course of trial - Plaint cannot be rejected on the ground that plaint is barred by limitation...........
Arbitration and Conciliation Act, 1996, Section 2(1)(c), 34 -- Interim award - Disposal of issue of limitation finally between parties by arbitrator amounts an interim award within meaning of S.2(1)(c) of the Act and being subsumed within expression arbitral award - Said interim award can be challenged separately and independently u/s 34 of the Act...........
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34 -- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Denial of sex to husband - Surfacing in cross examination of wife - It amounts to cruelty - Divorce granted even in the absence of pleading thereto as in matrimonial dispute it is duty of Court to see what evidence surfaces and thereafter decide whether matrimonial bond has to continue or requires to be..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - When here are number of interrogatories, Court cannot dismiss application on the ground that some of the interrogatories are fishing in nature - In such case, Court has to categorically refer to interrogatories which were fishing in nature and reject the same while allowing others which are relevant to the..........
