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Citation:AIR 2022 SC 5058 O.14, R. 2(2)(b)—Preliminary issue—Limitation — Now, we will consider the first question: ‗whether the issue of limitation can be determined as a preliminary issue under Order XIV, Rule 2, CPC‘. It is no longer res integra. In the decision in Mongin Realty and Build Well Private Limited vs. Manik Sethi, 7 […]

Union of India & Ors. Vs. A. B. P. Pvt. Ltd. & Anr. [Civil Appeal No(s). 986 of 2011] S. Ravindra Bhat, J. 1. This civil appeal arises from a judgment1 of the Calcutta High Court which held the withdrawal of a customs notification invalid. I 2. ABP Pvt Ltd (“assessee/respondent”) in October 2003, imported

There is a distinction between a pleading under the Code of Civil Procedure, and a writ petition or a counter-affidavit. In a pleading i.e. a plaint or a written statement, the facts and not evidence are required to be pleaded. In a writ petition or in the counter-affidavit, not only the facts but also the

• Sections 302, 498A, 323 and 506 IPC II Section 374 CRPC Appeal against conviction Murder Alleged that accused sprinkled kerosene on her person and set her ablaze Daughter of accused and deceased, who was very much available in the house, speaks of her mother heating water and suffering accidental burns Prosecution has not taken

• Sections 439(2) and 408 CRPC Cancellation of bail and transfer of case When cancellation of bail is sought on ground that liberty has been misused by accused, application would lie before the same Court – If cancellation is sought on ground that bail has been erroneously granted without considering material on record, then application

• Public Interest Litigation Incidental extraction of minor minerals Grievance of the rapid depletion of limestone deposits in the State Issue of misuse of minor mineral licence for limestone granted by the State by the licensees not adhering to the end-use Ground for allowing limestone to be exported under minor mineral licences for quarrying being

• Rajasthan Rent Control Act Section 9 Eviction from residential house Default in payment of rent Person who has got sale deed in his favour and person who does not have any title in property or proper execution of legal document in his favour, later cannot be permitted to dispute relationship of landlord and tenant

IPC की धारा 193 — मिथ्या साक्ष्य के लिए दण्ड –जो कोई साशय किसी न्यायिक कार्यवाही के किसी प्रक्रम में मिथ्या साक्ष्य देगा या किसी न्यायिक कार्यवाही के किसी प्रक्रम में उपयोग में लाए जाने के प्रयोजन से, मिथ्या साक्ष्य गढ़ेगा वह दोनों में से किसी भांति के कारावास से, जिसकी अवधि सात वर्ष तक

Whether Will(Before Death Of Testator) Or General Power Of Attorney(GPA) Can Confer Title In Immovable Property?It goes without saying that the power of attorney executed by the Defendant-Appellant is of no consequence as on the strength of said power of attorney, neither sale deed has been executed nor any action pursuant thereof has been taken

Execution proceedings – Must be disposed of within six months from the date of filing, which can be extended only by recording reasons in writing for such delay. (2023(1) Apex Court Judgments 165 (S.C.) Indigent person – Opportunity to rebut report by Tehsildar not granted – Impugned order set aside. (2023(1) Civil Court Cases 635