Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Proceedings before civil Court initiated by plaintiff not only was abuse of law but entire conduct of plaintiff is a clear reflection of fact that she has been doing so repeatedly after being a signatory to settlement arrived at between parties - High Court was absolutely justified in imposing costs of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Parties cannot lead evidence without support of plea...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Material available on record found that plaintiffs having no prima facie case, balance of convenience and irreparable loss in their favour - However, there is a sale deed executed by original owner in favour of defendant no.1 and thereafter another sale deed in favour of defendant no.3 on the basis..........
Indian Penal Code, 1860, Section 309, Kerala Abkari Act, 1977, Section 55(a) -- Offence u/s 55(a) of Kerala Abkari Act and S.309 IPC - Modification of sentence - Incident occurred 23 years ago - No criminal antecedents against accused - Sentence modified to S.I of one year with fine of Rs.1 lakh in default of payment of fine, to further undergo S.I of 6 months...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 506, 120B -- Anticipatory bail - Offence u/ss 420, 506, 120-B IPC - Petitioner is a young boy aged just 16 years and after considering allegations, and in facts and circumstances peculiar to petitioner, on this ground alone he is entitled to bail - Furthermore, petitioner is a first offender..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW - Prosecution witness cannot be recalled merely because he gave a different statement in another case that too, after a period of seven years - It is not a case where a contradictory statement was given by some other witnesses in the present trial - Application rightly dismissed. (Judgment in Sudevanand Vs. State..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Bill of lading - Its application confined only port to port - Theft occurred not during course of transit but after consignment was taken over by the agent i.e. the bailee from the destination port - Confinement of jurisdiction with U.S. Court under the bill of lading has no..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Provision of O.26.R.9 CPC is not meant to collect evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Suit for declaration, possession and permanent injunction is pending at the stage of recording of plaintiff's evidence - There is no dispute of demarcation of property in question - Prima facie filing of application U.O.26.R.9 CPC is an attempt by plaintiff to collect evidence which is not..........
