Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Suit for damages - Amount of damages shall be determined after adducing of evidence and liberty would be afforded to plaintiff to affix court fee accordingly - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - New plea - Appellants cannot be permitted to put forth a new plea in second appeal, which was never taken before both the Courts below...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where an order refusing or granting bail does not furnish the reasons that form the decision, there is presumption of non-application of mind which may require the intervention of Supreme Court...........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - High Court granted bail without assigning reasons - Except narrating submissions/contentions of accused and Public Prosecutor, High Court without assigning any further reasons granted bail - Order granting bail suffers from perversity - Impugned order granting bail set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Report of handwriting expert was sought for comparison of signatures on admitted documents with signatures made on reply to interrogatories and vakalatnama - Suit filed for permanent injunction restraining defendant from encashment of bank guarantee - Bank guarantee is an independent..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit can be withdrawn even at the stage of evidence...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At the stage of defendant's evidence - Suit is simpliciter for permanent injunction, thus it can be filed any number of times on recurring cause of action - More so, plaintiffs being masters of suit are at liberty to withdraw the same and it is power of Court to grant permission to withdraw from such a..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), 3(1)(v) -- Quashing of FIR - Offence u/ss 3(1)(u), 3(1)(v) of SC/ST Act - Alleged speech made by accused does not show that there is any attempt made by accused to promote or attempt to promote enmity, hatred or ill will against members..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 504 -- Quashing of proceedings - Offence u/ss 323, 147, 504 IPC - Compromise arrived at between parties - Dispute in question is private dispute - Proceedings quashed...........
Stamp Act, 1899, Section 47A(4) -- (as amended in State of U.P) - Deficient stamp duty - Penalty - Neither there is any reference of on spot inspection report or sketch map in impugned order of determining deficiency of Court fee and imposing penalty, nor same has been filed in the counter affidavit by respondents to refute the allegations made by petitioner in writ..........
