Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction petition - Where previous judgment filed by previous owner on the same ground has not been brought on record, in absence thereof it would not be appropriate to return a finding on question of res judicata...........
Civil Procedure Code, 1908, Section 10 -- Object - Not only to avoid multiplicity of proceedings but to avoid vexatious prosecution of a litigant while unnecessarily participating in the proceedings which was already concluded by the earlier judgment - Possibility of judgment in previous suit acting as res judicata in later suit cannot be ruled out - Stay granted...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Power U.O.38.R.5 CPC cannot be exercised by Court mechanically or merely for asking of plaintiff...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff failed to make out a prima facie case for grant of interim injunction - Resultantly, no prima facie case is made out by plaintiff for grant of attachment of suit property under provisions of O.38.R.5 CPC - Moreover, application filed by plaintiff is bereft of any details as to how relief..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Courts should adjudicate on all issues and give its findings on all issues and not to pronounce judgment only on one of issues...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Certified copies of judgment and order of judicial Courts having material bearing on issues involved in the appeal - No additional evidence is required to be recorded to prove additional documents, as same are certified copies of judgments passed by Judicial Courts - Application..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - True test while considering application U.O.41.R.27 CPC is whether appellate Court is able to pronounce judgment on materials before it without taking into consideration additional evidence sought to be adduced...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Land acquisition proceedings - Appellant by way of additional evidence sought to bring on record the sale deeds and certified copy of judgment and award passed by Reference Court - Sale deed in question according to appellant has direct bearing on determination of fair market value of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Standard of test and judgment which is to be finally applied before recording a finding regarding guilt or otherwise of accused is not exactly to be applied at the stage of deciding the matter u/s 227 or S.228 Cr.P.C...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Documents which were sought to be produced at appellate stage were mainly public documents - Authenticity and genuineness of said documents was not in dispute - Suit for perpetual injunction is on assertion of settled possession - Hence, these documents..........
