Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Application U.O.21.R.97 CPC can be dismissed in limine if obstructer fails to satisfy Court his prima facie right to show resistance to execution - Enquiry can be held only when executing Court finds that obstructor has got a semblance of right or interest which requires detailed enquiry..........
Constitution of India, 1950, Article 136 -- Dismissal of Special Leave Petition in limine - Does not amount to affirmation of view taken by High Court - Unless judgment of High Court is affirmed at least, with short reasoning, same would not amount to binding precedent...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot dismiss second appeal in limine without assigning any reasons for its conclusion...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing review petition - Review petition filed by appellants after dismissal of SLP in limine - It cannot be said that time period spent in prosecuting SLP albeit some delay on part of appellants, will preclude appellants from seeking condonation of delay of period in filing review petition - Delay..........
Civil Procedure Code, 1908, Section 11 -- Res Judicata - It is contended that reliefs sought in petition overlap with reliefs sought by petitioners in earlier petition which was dismissed by a three-judge Bench of Supreme Court - Orders dismissing writ petitions in limine will not constitute res judicata - Summary dismissal of earlier petition u/art.32 of Constitution does..........
Representation of the Peoples Act, 1951, Section 8(3), 81(1) -- Election petition - Rejection of nomination - Defective verification is a curable defect - Election petition cannot be thrown out in limine on ground that verification is defective...........
Constitution of India, 1950, Article 141 -- Dismissal - of SLP in limine at threshold without giving any detailed reasons, does not constitute any declaration of law or a binding precedent u/art 141 of Constitution...........
Consumer Protection Act, 1986, Section 13 -- Consumer complaint - `On admission of complaint' - Meaning - Complaint can be dismissed in limine and its admission can be declined without notice to the opposite party - However, such jurisdiction to dismiss complaint in limine has to be exercised having regard to facts of each case - Since case in hand is not of that nature as..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
