Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Averments made in plaint must be read in its entirely and not in isolation and must be held to be correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Must include some act done by defendant which leads plaintiff to file a suit and includes all the material facts on which cause of action is found...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - O.7.R.11 CPC may be pressed into service where a plaint is manifestly vexatious and meritless in not disclosing a clear right to sue...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 14(1) -- Rejection of plaint - Barred by law - Suit barred u/s 14(1) of Hindu Succession Act, 1956, which preserves the right of a female Hindu to own self acquired property - Plaint rejected...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f)(g) -- Quashing of FIR - Offence u/s 3(1)(f)(g) of SC/ST Act - Complainant and petitioners have compromised the matter inter se them - Offences alleged to have been committed by petitioners do not involve offences of moral turpitude or any..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - Reasons needs to be recorded in case a discharge application is allowed - However, where discharge application is rejected only prima facie case is to be seen for framing of charge...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Application is completely vague, as it does not in any manner suggest as to what the said witness wants to testify - However, reading between the lines if the intention of petitioner/accused is to dispute the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of CW1/son of attorney of complainant - To give his specimen writing for comparison with the writing in the body of cheque - Cross-examination of CW-1 shows that he remained as a Munshi at the brick kiln of accused/petitioner - It has been..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court without deciding application for additional evidence, has decided the main appeal itself, which is a patent error - Impugned order set aside - Matter remitted back to lower appellate Court for fresh disposal of application...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Privacy of victims or identity of victims of sexual offences including POCSO cases is protected - Merely because materials disclosing privacy of victim were already published in the website and same are within public domain, is not a reason to provide the copy of documents to accused...........
