Criminal Procedure Code, 1973, Section 190, 227 -- Cognizance of offence - Order setting aside discharge of accused - Loan transaction between two sisters and civil suit for specific performance was pending - Petitioner is neither a signatory to documents nor he is a witness - Allegation of forging signature stand disapproved by FSL report - No offence whatsoever is made..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a pendente lite purchaser in a suit for permanent injunction - Objection as to - Appellant took illegally possession of suit land and started construction thereon - Appellants not claiming any rights in suit land - Since, applicants having rights in respect of suit..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue of limitation and Court fees - Partition suit - Issue of limitation and Court fee are very much inter linked as plaintiff is not in possession and both are factual issues which will have to be proved by defendants after leading evidence - Suit cannot be dismissed on said preliminary issues...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Parties not same in both the suits in question - Prayer in both the suits also not same - Even issues are not identical - There should have been a trial with regard to all issued framed - Suit held, not barred by res judicata - Application for rejection of plaint dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Assignment, creation or devolution of any interest during pendency of suit - Leave for continuing the suit - No limitation is prescribed for a person to be substituted U.O.22.R.10 CPC in place of original party to the proceedings - At any time during pendency of suit he may be substituted - Court has only to be prima facie..........
Civil Procedure Code, 1908, Section 80 -- Notice - Suit against government - No notice as required u/s 80 CPC given before filing suit - Even no application filed to dispense with requirement of giving said notice - Suit dismissed...........
Consumer Protection Act, 1986, Section 2(1)(b)(iv), 12(1)(c), 13, Civil Procedure Code, 1908, Order 1, Rule 8 -- Numerous consumers having same interest - Complaint - Where there are numerous consumers having the same interest a complaint can be filed with permission of District Forum, on behalf of, or for the benefit of all consumers so interested - It is O.1.R.8 CPC..........
Civil Procedure Code, 1908, Order 1, Rule 7 -- Where plaintiff is in doubt from whom relief is to be sought, plaintiff in such a situation can add more than one parties as defendants to suit...........
Civil Procedure Code, 1908, Section 9, Constitution of India, 1950, Article 342 -- Suit for declaration that plaintiff belongs to Scheduled Tribe Community - Suit is not maintainable...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Conditions must be fulfilled to attract the provision of S.10 CPC, viz. (i) Suit must be between the parties; (ii) Matter in issue in the later suit must be directly and substantially the same as in the previous suit; (iii) On the date of application, both the suits must be pending; (iv) Parties must be..........
