Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a), Commercial Courts Act, 2015, Section 13(1A) -- Order allowing application U.O.7.R.10 CPC - Appeal - Commercial suit - Order is appealable U.O.43.R.1(a) CPC and therefore in terms of S.13(1-A) Proviso of Commercial Courts Act, appeal would be maintainable...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- (Criminal Procedure Code, 1973, S.482) - Petition u/s 528 BNSS - Once earlier writ petition filed by complainant had been dismissed, another petition seeking same relief, styling it to be a petition u/s 528 BNSS, could not have been entertained - Only remedy available to complainant in such circumstances would be to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Considering plaint pleadings it cannot be said that period of limitation is a pure question of law - It is a mixed question of law and fact which cannot be considered for rejection of plaint barred by law - It requires evidence and proof during trial - Order of rejection of plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11, Andhra Pradesh Court Fee and Suits Valuation Act, 1956, Section 63, 64 -- Rejection of plaint - Refund of Court fee - Appellate Court set aside order of rejection of plaint - Appellants are entitled for refund of Court fee paid on appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - When plaintiff is in possession of suit property and no encroachment is made by defendants, he cannot seek for appointment of Advocate Commissioner in order to collect evidence in a suit for permanent injunction...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324, 341, 504, 34 -- Compounding of offences - Offence u/Ss. 324, 341, 504, 34 IPC - National Lok Adalat discharged accused of offence u/Ss. 324, 341, 504, 34 IPC - However, S.324 IPC is a non-compoundable offence and Lok Adalat has no jurisdiction in matters relating to non-compoundable offence -..........
Civil Procedure Code, 1908, Section 100, Order 43, Rule 1 -- Second appeal - Order passed U.O.43.R.1 CPC is not a decree - Second appeal u/s 100 CPC would not be competent against such an order...........
Civil Procedure Code, 1908, Section 100, Order 43, Rule 1 -- Second appeal - Order sought to be challenged having been passed in a miscellaneous civil appeal u/s 104(1) r/w O.43.R.1(r) CPC is not a decree - Second appeal thereagainst not maintainable...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting or refusing a temporary injunction U.O.39.Rr.1, 2 CPC is an appealable order U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(r) -- Appeal - Not maintainable against an order in appeal filed U.O.43.R.1(r) CPC - Once an appellate Court has exercised jurisdiction U.O.43.R.1(r) CPC, does not provide a further appeal under the same rule...........
