Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - If a suit is not maintainable due to a specific legal bar such as the expiration of limitation period under the Limitation Act or any statutory prohibition, Court has power to reject plaint at the preliminary stage without the need for a full trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Purported cause of action is merely illusory and has been concocted solely to circumvent the provisions of O.7.R.11(d) CPC - Plaintiff admittedly, was aware as early as 2006 that defendants had explicitly denied his title in suit filed by them in 2006 - Defendants denied the..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Suit for possession by way of pre-emption - Minors were impleaded through their real brother/defendant No.1, who was major at the time of filing of suit - Defendant No.1 was the most natural choice to be guardian of minors, being in blood relation, his interest was also similar to that of other..........
Police has no power to resolve civil disputes -- Neither Cr.P.C/BNSS nor Police Act nor any other law governing powers and duties of police confers power upon police to adjudicate disputed question relating to title, possession, boundary, encroachment etc. - Police has no authority to act as a Civil Court to adjudicate civil dispute set out in the complaint - They are..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29 -- Transportation of contraband - Consignment was booked by co-accused/A-1 - No allegation against accused of transporting contraband - Therefore, unless it is proved that accused had supplied the consignment to A-1 or was a part of a criminal conspiracy to commit an offence u/s 22(c) of the Act,..........
Civil Procedure Code, 1908, Section 151 -- Application seeking directions to wife to shift to an alternate accommodation being offered by husband - Divorce proceedings - Wife is residing in tenanted premises which need to be vacated on account of its dilapidated condition as also eviction notices being received by husband from lessors - When husband requires urgent orders..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused committed the crime in question without any premeditation but the same was committed owing to a sudden fight preceded by a sudden altercation - Accused might have had the knowledge that the said act would likely cause death, but probability of death was not such, which could show that accused..........
Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Rape of minor girl - Compromise - In a case involving rape with a minor girl, compromise arrived at by accused with victim and her parents has no legal value and cannot be given effect to...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Bail - Rape of minor girl - Compromise - Looking to the nature and gravity of accusation, role attributed..........
Commercial Courts Act, 2015, Section 2(1)(iv), 6, 15, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Not a commercial dispute - Agreement does not suggest that it was for trade or commerce - Prima facie do not make out a commercial deal consequently a commercial dispute - Application for return of plaint rightly dismissed...........
