Since proceedings under the Domestic Violence Act are civil in nature, a Magistrate possesses implied power to restore a petition filed under S.12 of the Act that was dismissed in default --..

Where the defendant alleged that the plaintiff had obtained signatures on blank stamp papers and thereafter fabricated the agreement of sale, the defendant offered no justification for his c..

A settlement deed cannot be cancelled unilaterally by executing a revocation deed -- Registration of such a unilaterally executed revocation deed is equally impermissible in law--Specific Re..

For the purpose of O.7 R.11 CPC, the existence of a cause of action is to be ascertained solely from the contents of the plaint and nothing else--CPC, 1908, O.7 R.11. (Para 20)..

A decree passed in a suit for permanent injunction binds only the parties to that suit -- It has no binding effect on any third party who has not been impleaded in the proceedings--Specific ..

Where a plaint seeks cancellation of a sale deed on two grounds — non-payment of sale consideration and fraud — even if the suit is not maintainable on the first ground, the plaint as a ..

The requirement to examine the process server on oath arises only in cases where the returned notices have not been verified on oath -- CPC, 1908, O.5 R.19 (Para 11) Service of summons --..

Where an execution petition is filed within two years from the date of the decree, it squarely falls within the proviso to O.21 R.22(1) CPC -- The Executing Court is therefore competent to d..

Opportunity to explain answer given in cross-examination -- Where a landlord seeks an opportunity to explain an answer given during cross-examination, allowing such re-examination would not ..

In a suit seeking declaration that a sale deed is null and void and for recovery of possession, noting down the physical features of the property is neither necessary nor relevant for deter..

Where the drawer of a cheque intentionally affixes a signature on the cheque that does not match his specimen signature available with the bank, an offence under S.138 of the Act is made out..

The law mandates issuance of a written notice to the correct address of the accused -- Actual service of such notice upon the accused is not a requirement of law. (Para 8)..