Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Restoration of suit dismissed in default - Non revealing of source of information regarding dismissal of suit - A litigant who does not state exact date of knowledge and source of knowledge regarding passing of an order, and in cases where there is no other material found from record to arrive at a conclusion regarding..........
Criminal trial -- Disciplinary and legal proceedings - Special Court while acquitting respondents under NDPS cases held that petitioner and other individual had committed irregularities while discharging official duties as public servant and directed Director General of Police to initiate appropriate proceedings against them u/O.35.R.6 of General Rules (Civil and..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Law as to: (i) Provisions of O.21.R.15 CPC apply to all cases where a decree has been passed in favour of more persons than one as joint decree holders; (ii) If decree itself indicates that, though a number of persons figure as decree holders, their interests are clearly defined as to..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope of review U.O.47.R.1 CPC is confined to cases where there is: (i) discovery of new and important evidence not within applicant's knowledge despite due diligence; (ii) an error apparent on the face of record; or (iii) any other sufficient reason analogous thereto...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Cases are clubbed and consolidated in order to avoid multiplicity of recording evidence etc. as also adjudication in isolation of one lis which may have bearing on the other lis...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Questions relating to starting point of limitation and reckoning date of knowledge of essential facts, which form basis of cause of action, would have to be held to be triable issues and a suit cannot be dismissed at the threshold or upon an application U.O.7.R.11(d) CPC in..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition u/s 9 of Hindu Marriage Act - Wife has been residing separately along with her children at her parents house and she has instituted two cases against husband there - In matrimonial proceedings convenience of wife has to be taken into consideration than that of inconvenience of husband - Petition filed by..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition filed u/s 12 of Hindu Marriage Act - Wife has been residing separately and depending upon mercy of her parents at Rajahmundry - She has instituted two criminal cases against husband in Rajahmundry and also filed a Domestic Violence Case and same are pending for adjudication and husband also attending the Court..........
Indian Penal Code, 1860, Section 405, 406, 415, 417, 418, 420, 504, 506, 384, 120B, 34 -- Quashing of the FIR - In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Adverse inference being a presumption, can only be drawn at the time of trial qua the facts of each cases, as it would require evidence and appreciation of evidence, as to whether there is compliance, partial compliance or no compliance with order - The presumption of..........
