Latest Judgments, Bare Acts, Legal News of Supreme Court and High Courts

Injunction -- Police Protection to Defendant -- No order prejudicial to plaintiff's own right can be passed on an application filed by defendant

Civil Procedure Code, 1908, S.151, O.39 Rr.1, 2 -- Injunction -- Police Protection to Defendant -- No order granting police protection to a defendant can be passed against a plaintiff in the..

Will -- Age of Testator -- Suspicious Circumstance -- Execution of Will at 45 years of age not unusual and does not impede its validity

(i) Indian Succession Act, 1925, S.59 -- Will -- Age of Testator as Suspicious Circumstance -- Every person of sound mind, not being a minor, may dispose of property by Will. Execution of a ..

Punjab & Haryana High Court

Injunction -- Suit for Injunction Simpliciter Barred -- Suit for injunction alone not maintainable where possession is in dispute and relief of possession not sought

(i) Specific Relief Act, 1963, S.41(h) -- Injunction -- Suit for Injunction Simpliciter Barred -- Where construction stands raised on property alleged to be owned by the plaintiffs and posse..

Supreme Court

Injunction -- Temporary Injunction -- Suit for Specific Performance on Oral Agreement to Sell -- Grant of temporary injunction upheld where prima facie case and other legal tests were satisfied

Civil Procedure Code, 1908, O.39 Rr.1, 2 -- Injunction -- Temporary Injunction -- Suit for Specific Performance on Oral Agreement to Sell -- In a suit for specific performance based on an or..

Dishonour of Cheque -- Joint Account Holder Not Signatory to Cheque -- Joint account holder cannot be prosecuted unless a signatory to the dishonoured cheque

(i) Negotiable Instruments Act, 1881, Ss.138, 141 -- Dishonour of Cheque -- Joint Account Holder Not Signatory to Cheque -- A joint bank account holder cannot be prosecuted for an offence un..

Amendment of Pleadings -- Delay in Filing Application -- Mere delay not sufficient to refuse amendment as it can be compensated in costs

(i) Civil Procedure Code, 1908, O.6 R.17 -- Amendment of Pleadings -- Delay in Filing Application -- Mere delay in making an application for amendment is not by itself sufficient ground to r..

Bail -- Rape-- False Promise to Marry -- Accused Proposed Marriage to Complainant's Mother -- Thus, absence of intention to marry cannot be attributed at this stage -- Bail granted

(i) Bharatiya Nyaya Sanhita, 2023, S.69 -- Sexual Intercourse by Deceitful Means -- Accused Proposed Marriage to Complainant's Mother -- Absence of intention to marry cannot be attributed to..

Rape-- False Promise to Marry -- Complainant a Married Woman with Subsisting Marriage -- Promise of marriage cannot be sole ground where complainant's own marriage subsists

(i) Bharatiya Nyaya Sanhita, 2023, S.69 -- Sexual Intercourse by Deceitful Means -- Complainant a Married Woman with Subsisting Marriage -- A married woman who voluntarily accompanies anothe..

Maintenance to Parent -- Claim Against Daughter-in-Law -- Daughter-in-law not covered under definition of "children"; maintenance claim against granddaughter unreasonable

(i) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.2(a) -- Maintenance to Parent -- Claim Against Daughter-in-Law -- A daughter-in-law does not fall within the definitio..

Specific Performance -- Suppression of Truth by Plaintiff -- Unclean hands disentitle plaintiff to relief of specific performance

(i) Specific Relief Act, 1963, S.16 -- Specific Performance -- Suppression of Truth by Plaintiff -- A plaintiff who approaches the Court with unclean hands and suppresses the truth is not en..

Ex Parte Decree -- Limitation Where Defendant Had Entered Appearance -- Limitation runs from date of decree, not from date of knowledge; application beyond statutory period barred

Civil Procedure Code, 1908, O.9 R.13 -- Ex Parte Decree -- Limitation Where Defendant Had Entered Appearance -- Where a defendant has admittedly entered appearance and even moved an applicat..

Punjab & Haryana High Court

Adverse Possession -- Date of entry into possession, the nature of possession, or whether such possession was known to the plaintiffs -- Essential ingredients not established -- Suit dismissed

(i) Adverse Possession -- Intention to Possess Distinguished from Intention to Dispossess -- Intention to possess cannot be substituted for intention to dispossess, which is essential to pro..

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