Object of Order VII Rule 11 (a) CPC is that if in a suit, no cause of action is disclosed, or the suit is barred by limitation under Rule 11 (d), the Court would not permit the plaintiff to unnecessarily protract the proceedings in the suit. It states that the plaint “shall” be rejected if any of the grounds specified in clause (a) to (e) are made out. Hence suit filed after 3 years of registered deed is barred under, Art 59 Limitation Act.
SUPREME COURT OF INDIA DIVISION BENCH DAHIBEN — Appellant Vs. ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR. LRS. AND OTHERS — Respondent ( Before : L. Nageswara Rao and Indu Malhotra,…
IMP ::: Pleadings–Court should confine its decision to the question raised in pleadings–Court cannot grant a relief which is not claimed and which does not flow from the facts and the cause of action alleged in the plaint.
2009(2) LAW HERALD (SC) 745 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal Nos. 5798-5799 of…
Court martial –Satisfaction of the Officer concerned must be premised on a finding that evidence justified a trial on those charges–Such a satisfaction cannot be arrived at without any evidence–If an order is passed without any evidence, the same must be held to be perverse.
2009(2) LAW HERALD (SC) 741 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 5306 of 2008…
Electricity Law–Compensation–Compensation has to be determined on yield basis–High Court directed consider the matter afresh–Telegraph Act, 1885, Section 10 and 18–Electricity Act, 1910, Section 51.
2009(2) LAW HERALD (SC) 739 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 4702 of 2008…
Circumstantial evidence–Where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person.
2009(2) LAW HERALD (SC) 734 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 1969 of 2008…
High Court disposed of the appeal by a cryptic and non-reasoned order–This is not appropriate way to deal with criminal appeal–Matter remitted for fresh consideration–Criminal Procedure Code, 1973, Section 374.
2009(2) LAW HERALD (SC) 733 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 1779 of 2008…
Criminal Law–Rape–Kidnapping and Rape–Consent – Acquittal – Prosecutrix stayed for 5 days in house of co – accused. Accompanied the accused of her own accord and the sexual intercourse alleged to have been committed was done with her consent
2009(2) LAW HERALD (SC) 731 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice Aftab…
Criminal Law–Dowry death–Cruelty–Acquittal of Husband upheld – There is no reference to the husband in the letter–Evidence of mother and brother of deceased also showing that demand was only of ring
2009(2) LAW HERALD (SC) 729 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 242 of 2008…
First Information Report was lodged under Section 394 IPC and charge was accordingly framed. Because of the use of deadly weapon, the trial Court convicted the accused under Section 397 IPC. – Appeal dismissed.
2009(2) LAW HERALD (SC) 726 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 168 of 2001…
Corruption Law–Reduction in sentence–Illegal Gratification–Corruption by public servant–Patwari convicted and sentenced for accepting bribe of Rs. 300/—Prayer for reduction of sentence as incident was 19 years old–Custodial sentence of one year, which is minimum prescribed, would meet the ends of justice
Surain Singh v. State of Punjab 2009(2) LAW HERALD (SC) 724 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar…