A. Code of Civil Procedure,1908—Order VII Rule 11(a)—Rejection of Plaint/Application—Cause of Action—Pleadings—Defence— For considering rejection under Order VII Rule 11(a),the plaint/application must be read as a whole and its averments taken at face value—the enquiry is confined to whether foundational facts constituting a cause of action have been pleaded and cannot extend to testing their truth,weighing the defence or conducting a mini-trial—where the cause of action is pleaded but its factual basis is disputed,the matter requires adjudication on merits and cannot ordinarily be rejected at the threshold. [Paras 7–10,14,17–19] B. Code of Civil Procedure,1908—Order VII Rule 11(a)—Rent Proceedings—Landlord-Tenant Relationship—Non-Delivery of Possession...

A. Code of Civil Procedure,1908—Order 14 Rule 1—First Appellate Court—Non-Framing of Points of Determination—Prejudice—Procedural Irregularity— Non-framing of a separate point of determination by the First Appellate Court does not by itself vitiate the judgment—what is material is whether the parties were aware of the controversy and had adequate opportunity to lead evidence and advance submissions thereon—where the parties fully understood the issues arising from the challenge to the Will and had led evidence on those issues,the omission to formally frame separate points of determination caused no prejudice and could not be a ground for interference. [Paras 66–83] B. Indian Succession Act,1925—Section 63—Will—Execution—Attestation—Attesting Witnes...

A. Transfer of Property Act,1882—Section 53-A—Agreement to Sell—Tenant in Possession—Part Performance— Mere execution of an agreement to sell in favour of an existing tenant does not, by itself, alter the character of the tenant's possession or extinguish the landlord-tenant relationship—where possession was originally obtained as a tenant, protection under Section 53-A is available only if it is proved by cogent evidence that the possession thereafter became referable to the agreement to sell and that the tenancy was expressly or impliedly surrendered or otherwise determined in accordance with law—payment of entire sale consideration and continued possession, by themselves, are insufficient. [Paras 30–56]  B. Transfer of Property Act,1882—Sections 53-A,111(e),111(f)—...

A. Code of Civil Procedure, 1908—Order VII Rule 11(a)—Rejection of Plaint—Cause of Action—Meaning and Scope—Meaningful Reading of Plaint— For determining whether a plaint discloses a cause of action, the plaint must be read as a whole and at face value; if it contains the foundational facts which, if proved, would entitle the plaintiff to the relief claimed, the plaint cannot be rejected merely because the claim may ultimately fail on merits. The enquiry is confined to disclosure of a real cause of action and not its eventual proof. [Paras 14–21] B. Code of Civil Procedure, 1908—Order VII Rule 11(a)—Rejection of Plaint—Cause of Action—Pleadings—Written Statement—Defence of Defendant— While considering an objection under Order VII Rule 11(a), the Court i...

A. Code of Civil Procedure, 1908—Order 1 Rule 10 read with Section 151—Small Causes Suit—Impleadment—Independent Title—Necessary and Proper Party— A person claiming an independent or competing title in the suit property does not become a necessary or proper party merely because such claim is inconsistent with the plaintiff-landlord’s title—the test is whether the proposed party’s presence is necessary for effective and complete adjudication of the controversy actually involved in the suit—an independent title dispute cannot be introduced through an impleadment application where it is not necessary for deciding the landlord-tenant dispute. [Paras 21–24,28] B. Provincial Small Cause Courts Act, 1887—Section 23—Small Causes Suit—Landlord-Tenant Relationshi...

A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Sections 7, 8, 9, 21, 27—Eviction—Maintenance Tribunal—Senior Citizen—Protection of Life and Limb—Incidental Relief— The Tribunal has jurisdiction to order eviction of a child or relative only where such eviction is necessary and expedient to ensure the maintenance or protection of the senior citizen, including protection of life and limb; such power is incidental, exceptional and not plenary or unfettered. [Paras 21–24, 28–32] B. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Sections 7, 8, 9, 21, 23—Eviction—Self-Acquired Property—Shared Household—Daughter-in-Law—Competing Rights— The power of eviction cannot be exercised mechanically merely because the p...

A. Indian Penal Code, 1860—Sections 391, 396—Dacoity with Murder—Essential Ingredients—Nexus Between Dacoity and Murder— For attracting Section 396 IPC, the prosecution must establish that five or more persons conjointly committed dacoity and that murder was committed in the course of, or while committing, such dacoity. The commission of murder and subsequent taking away of property, without establishing that dacoity was the first intention and murder was committed in its course, is insufficient to sustain conviction under Section 396 IPC. [Paras 24–26]B. Indian Penal Code, 1860—Sections 391, 396—Dacoity—Murder—Sudden Encounter—Previous Enmity—Subsequent Taking Away of Property— Where, according to the prosecution case itself, the accused and the deceased party met all of a sudden on the road, firing commenced on...

A. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s)—Intentional Insult or Intimidation—Caste-Based Humiliation—Essential Ingredients— Mere insult, abuse or intimidation of a person belonging to a Scheduled Caste or Scheduled Tribe does not constitute an offence under Sections 3(1)(r) or 3(1)(s). It must be shown prima facie that the alleged insult or intimidation was intentional and was made with the intent to humiliate the victim on the ground of his or her belonging to a Scheduled Caste or Scheduled Tribe. [Paras 7–10, 11]B. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s)—“Public View”—Private Property Dispute—Essential Requirement— The requirement that the intentional insult or intimidation must occur in a ...

A. Constitution of India—Arts. 246, 254—Legislative competence—Repugnancy—U.P. Regulation of Urban Premises Tenancy Act, 2021—Presidential assent— Regulation of landlord-tenant relationship in respect of houses and buildings falls within the Concurrent Legislative field and not exclusively within Entry 18 of List II—Where provisions of the U.P. Regulation of Urban Premises Tenancy Act, 2021 were repugnant to the Transfer of Property Act, 1882 and the Provincial Small Cause Courts Act, 1887 read with the U.P. Civil Laws (Amendment) Act, 1972, all referable to the Concurrent List, such repugnancy could prevail in the State only upon compliance with Art. 254(2) by reservation of the State legislation for consideration of the President and obtaining Presidential assent—Impugned Act, having been ...

A. Provincial Small Cause Courts Act, 1887—Section 25—CPC Section 10—“Case Decided”—Order Rejecting Stay—Revisional Jurisdiction— An order rejecting an application under Section 10 CPC merely permits continuation of the Small Cause Court suit — it does not finally determine title, Wakf status, landlord-tenant relationship, rent, default or eviction — such an interlocutory order, in the facts of the case, does not constitute a “case decided” under Section 25 — objection to maintainability of Article 227 petition therefore rejected. [Paras 47–63]. B. Provincial Small Cause Courts Act, 1887—Section 17—CPC Order L Rule 1, Order XX Rule 4(1)—Small Cause Court—Framing of Issues—Points for Determination— Exclusion of Order X...