Civil Procedure Code, 1908, Section 100 -- Second appeal - New plea - Appellants cannot be permitted to put forth a new plea in second appeal, which was never taken before both the Courts below...........
Adverse possession -- Plaintiff neither by way of documentary and/or oral evidence has even claimed that he was in possession of property as owner and has not even disclosed point of time from which his possession, became adverse to true owner - Entire emphasis of plaintiff in plaint has been his being in possession - Merely being in possession of a property for a long..........
Adverse possession -- Suit for declaration of title - Defendant in possession of suit property since 1997-1998 - Suit filed in 2000, cannot create any right in favour of defendant, as period is less than 12 years - Plea of adverse possession rejected...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant contended that mutation of suit property is in his favour - However, defendant failed to produce certified copy of mutation register - Plea taken by plaintiffs is found trustworthy that defendant is neither in legal possession of suit property nor same was validly mutated in his name - Suit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 499 -- First exception - Quashing of proceedings - Defamation - Plea of defence of good faith - Defence plea being a question of fact can be decided during trial only and benefit of S.499 First Exception IPC cannot be claimed at the stage of issuance of summons - At this stage, Magistrate is..........
Service -- Dismissal - Respondent pleaded that he was not noticed with regard to departmental enquiry - However, Tribunal had summoned the original records which shows that notice was sent to respondent by special messengers - Respondent refused to receive the notices as reported - This was followed by registered notices and paper publication also despite which respondent..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife has no source of income - Factum of husband being able bodied not denied - Plea of husband that he was not doing any job and had no means to pay cannot be accepted to deny maintenance to wife - Maintenance rightly awarded to wife...........
Government of National Capital Territory of Delhi Act, 1991, Section 18, 37, Rules of procedure -- Rules of Procedure and Conduct of Business of Legislative Assembly of National Capital Territory of Delhi, 2002, Rule 172 - Quashing of summons - Plea filed by Facebook India - Peace and Harmony Committee of Delhi Assembly sought appearance of MD of Facebook India in an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that she issued blank cheques and she did not even fill in those cheques - Cannot absolve her from liability particularly when it is proved that she had a business transaction with complainant and admittedly she had taken advance from complainant to facilitate such..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, 417 -- Suspension of sentence during pendency of appeal - Rape - False promise of marriage - Prosecutrix gave her consent to have sexual intercourse with accused - She had knowledge that accused had his wife, but separated - Prima facie nothing has been shown to Court to substantiate plea of..........
