Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Proceedings can only be quashed where issue is overwhelmingly and predominantly of civil profile arising out of commercial, financial, mercantile and civil or matrimonial nature - Criminal proceedings are not to be quashed where offence is heinous in nature...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Decree passed by DRT - Suit challenging decree filed after seven years of passing the decree - Knowledge of passing decree alleged to be six months back - Nothing averred when and how plaintiff came to now about the judgment and decree passed by DRT - Only with a view to get out of the law of..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Inter related or inter connected issues - Court can decide issues which are inter related or inter connected taking them together in composite discussion...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Court lacking inherent jurisdiction or express or implied bar in entertaining suit - Civil Court cannot entertain suit - Suit may be disposed of on said preliminary issue only - In all other cases, suit must be decided on all issues...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court of appeal should not pass an order of remand in a routine manner - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to decide the dispute between parties on merit on available evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand - Remand of suit for fresh trial because of the fact that issues were not separately dealt with - Appellate Court cannot shirk its duties to dispose of appeal on merit - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Suit barred U.O.9.R.9 and S.11 CPC - Any finding in a suit which is not maintainable has no bearing in law...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Res judicata and bar of O.9.R.9 CPC - Earlier suit dismissed in default - Prayer in both the suits are one and same - Plaintiff does not even whisper a word about his earlier suit in second suit - Though parties in both the suit are at slight variation, but defendants name that he had purchased property from..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of issue with regard to S.53-A of T.P. Act - Courts below have not considered issue with regard to defence of defendant u/s 53-A of T.P Act, which is a mixed question of fact and law - Judgments of both the Courts below set aside - Matter remitted back to trial Court for fresh disposal in accordance..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - No reference about proposed documents either in pleadings or in evidence - Ground on which petitioner are prevented from filing those documents at earliest point of time not explained - Production of documents at a later stage that too when case reached the stage of arguments cannot be..........
