Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of title - Plaintiff was not a party to civil suit which was decided by Lok Adalat on account of compromise - Husband of plaintiff who was party to said suit was also not alive at the time of compromise - Said award is certainly not at all binding upon her - Plaintiff rightly..........
Transfer of Property Act, 1882, Section 106(4) -- Quit notice - Mode of service - Provision envisages four modes of service of notice, viz. (i) notice must be in writing, signed by or on behalf of person giving it and either be sent by post to party who is intended to be bound by it, or (ii) notice must be tendered or delivered personally to such party, or (iii) it should..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary and proper party - Person having relevant evidence may be a necessary witness, but not a proper party to be impleaded in a suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Concept of dominus litis - It is for plaintiff to choose a party as a defendant since he is dominus litis and no one can force plaintiff to add any party as a defendant in suit - However, concept of dominus litis will not strictly apply in a suit for partition since in such a suit, even defendants can..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Counter claim - Impleadment of a party - Partition suit - Defendant wants to add certain parties as defendants, as they are necessary and proper parties to suit - Counter claim is in the nature of cross suit - Defendant held, entitled to add them as defendants, since he is..........
Criminal Procedure Code, 1973, Section 482, 362 -- Review/recall of order - Opposite party addressed letter to Chief Justice of High Court, which was treated as Public Interest Litigation (PIL) - On the very same date an ex parte order of cognizance was passed on the basis of said letter - Said order suffered from violation of principles of natural justice and a procedural..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 57 -- Recovery of 45 grams intoxicant powder - Investigation of case conducted by ASI who was in fact Head Constable holding a ORP rank - IO was not competent to carry investigation - Recovery by police party headed by Head Constable is not proper...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - If O.41.R.22 CPC enables party to file cross-objections, such cross-objections can be rejected as not maintainable only on some legitimate ground showing either that applicant's case does not fall within O.41.R.22 Explanation CPC, or that there is some other valid reason why cross-objection should not be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Explanatory pleadings - Pleadings shall contain only a statement in a concise form of material facts on which party pleading relies for his claim or defence - It should not contain evidence by which he has to prove his claim...........
Hindu Marriage Act, 1955, Section 5, 12 -- Validity of marriage - Marriage below the age of 18 (for girl) and 21 (for boy) is voidable at the instance of minor party...........
