Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application for - Delay of 7 years - Petitioner, son of defendant sought his impleadment after lapse of 7 years form the date of institution of suit on the ground that he is coparcener of joint Hindu family - Earlier Trial court was directed to conclude the proceeding within one year - Evidence has..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a), Civil Procedure Code, 1908, Order 41, Rule 27 -- Eviction of tenant sought on the ground of sub-letting - Eviction order passed - In first appeal sub tenant sought to produce evidence to substantiate his claim that he is direct tenant - Production of additional evidence rejected by Appellate Court -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction - Disobedience - Duty of Court - Suit and application made U.O.39.R.2-A - Distinct proceedings - Held, purpose of O.39.R.2-A is to prevent breach of orders of Court and disobedience of orders of Court - This has got nothing to do with final decision of the case - When Court has ordered parties to maintain status..........
Civil Procedure Code, 1908, Section 115 -- Revision - Parties have been litigating for last 30 years and lot of evidence has been led on record to prove their possession respectively - Held, appellate court would remain confined to read evidence within the scope of pleadings and not beyond that and decide the case as per position which was existing at the time of filing of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence is taken on record, the appellate court must not determine the issue in appeal - Correct approach in such a case is to frame an issue and then remit the matter back to the trial court for a finding on it...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application not decided by first appellate Court - Held, it was incumbent on first Appellate Court to have decided the application filed U.O.41.R.27 CPC along with the main appeal - Case remanded back to first Appellate Court for deciding the same afresh along with application..........
Civil Procedure Code, 1908, Order 41, Rule 12 -- Appeal - Appellate Court is vested with very wide powers including framing of additional issues, permitting additional evidence, remanding a case, pronouncing judgments in accordance with law and even admit an appeal for rehearing where the appeal was dismissed in default...........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceeding - Dispute of civil nature - Quashing - Petitioners have challenged the proceedings of criminal case on ground that facts of case establish that dispute is of a civil nature - Held, several disputed facts are involved to be determined which can be determined on the basis of evidence adduced therein - Only on..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Court can allow recall of a witness or permit fresh evidence when additional evidence, oral or documentary will (a) assist in rendering justice; (b) Court is satisfied that non production earlier was for valid and sufficient reasons - Court should firstly (a) award appropriate costs to the other party to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused borrowed Rs.44 lakhs - There is no evidence that they have repaid the amount and their evidence is that they have issued cheque and a civil case has been filed and decree would have been obtained - Furthermore, at the time of availing loan, petitioners have furnished property as security, which..........
