Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objection - Judgment debtor cannot defeat a decree by alienating property after decree is passed but before decree is realized...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - When several issues arise for being answered by a Court in facts of a given case, ideally disposal thereof ought to be preceded by recording Court's answers to each of such issues with reasons rather than decision of Court focusing on just one decisive point...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Settlement agreement was recorded only in civil Court and a decree passed in the suit - Complaint was neither referred to mediation nor was any compromise reported before trial Court - Criminal proceedings thus, continue to subsist independently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Mere existence of a compromise decree in a civil suit does not ipso facto render criminal prosecution non-maintainable, particularly when terms of settlement themselves contemplate withdrawal of complaint only upon fulfillment of specified conditions...........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Order striking off defence - Order recalled subject to payment of cots - Costs accepted - Once plaintiff accepted the costs, he is estopped from challenging said order allowing application u/s 151 CPC - Order allowing application u/s 151 CPC upheld...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Any finding recorded by a Court lacking inherent jurisdiction does not operate as res judicata between parties...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 18, Article 21 -- Rejection of plaint - Barred by limitation - Recovery suit - Acknowledgment of debt - Loan was advanced on 13.11.2015 and limitation period of three years prescribed u/art 21 of Limitation Act expired much prior to alleged acknowledgement dated 30.7.2020 - Acknowledgment of debt..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant has appeared before I.O. pursuant to interim protection granted and there being a civil dispute between parties with regard to immovable property - Co-accused have been already granted bail - Anticipatory bail granted...........
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..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Plaintiff is not disclosing his source of information and date of knowledge about impugned order from whom he found that suit is dismissed for default - Therefore, Court can draw an inference that plaintiffs had knowledge..........
