Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Civil suit pending for the same issue - Complainant cannot pursue criminal proceedings - Proceedings quashed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over case and evidence has a direct and important bearing on main issue in the suit and interest of justice clearly render it imperative that it may be allowed to be permitted on record, such application may be..........
West Bengal Premises Tenancy act, 1956, Section 17(2), Civil Procedure Code, 1908, Order 41, Rule 23A -- Eviction petition - Remand of case - First appellate Court did not even discuss evidence on record - Even, first appellate Court did not care to turn to pages of depositions and documentary evidence on record while disposing of appeal mechanically - Moreover, evidence..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration filed by defendant against plaintiff - Issues sought to be raised by defendant in her suit would be barred on principles of res judicata and issue of estoppel and accordingly defendant is estopped from raising them again - Trial Court committed error in dismissing application..........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Abatement - Execution proceedings - Normal principle arising in a suit before decree is passed that LRs are to be brought on record within a particular period and if not, suit could abate is not applicable to cases of death of DH or JD in execution proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - No issue as to no, joinder of necessary parties - Suit dismissed suit on other grounds - However, first appellate Court framed the issue regarding no, joinder of necessary parties and decreed the suit - Both the Courts therefore, failed to appreciate issue of no, joinder of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit possession regarding `A' schedule property and for permanent injunction regarding `B' schedule property - Defendant filed suit for injunction with regard to `A' schedule property - Both the suits tried together and dismissed - Aggrieved by same plaintiff alone preferred an appeal and same was..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or consent decree - Does not require registration even if it creates title in respect of immovable property of value of Rs.100/- or more provided that it is subject matter of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Suit for specific performance - Amendment sought to change the date of agreement, amount as well as the area - Plaintiff unable to show as to why said typographical mistakes not corrected at the time when first amendment application was filed - Plaintiff cannot be allowed to carry..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - In a suit for specific performance, only necessary parties are vendor and vendee and any person claiming adversely to title of vendor is not a necessary party...........
