Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Important issues raised therein - Court to frame complete issues - Issue raised in application U.O.7.R.11 CPC be treated as preliminary issues - Court to decide preliminary issues prior to proceeding further and deciding other issues...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 14, Rule 1 -- Rejection of plaint - Issue framed as to whether plaint is liable to be rejected - Said issue should be decided as preliminary issue...........
Criminal Procedure Code, 1973, Section 340 -- False evidence - To proceed u/s 340 Cr.P.C. : (a) Court must record a finding to the effect that the person concerned has intentionally given false evidence; (b) Court should also be satisfied that in the interests of justice, it is expedient that such person be prosecuted; (c) Court may hold a preliminary inquiry to reach at..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 332, 353, 504 -- Quashing of FIR - Attempt to murder - A-1 hit complainant with tractor due to which complainant received injuries - Said fact is fortified from injury report of complainant which shows that complainant received four injuries - Police also found prima facie case made out..........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Preliminary decree - Partition suit - Passing of preliminary decree U.O.20.R.18(ii) CPC is not mandatory in each and every case - It is only in cases where Court comes to conclusion that if partition or division of property cannot conveniently be made without further enquiry, a preliminary decree is required to be made...........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Final decree - Auction sale - Partition suit - Property is indivisible as per shares allotted in preliminary decree - Preliminary decree itself could have been made as a final decree - Trial Court rightly allowed application of plaintiff for conducting auction so as to distribute sale proceeds as per respective shares..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 384, 511 -- Quashing of FIR - Offence u/ss 306, 384, 511 IPC - Direct role and involvement of accused in crime is apparent from perusal of FIR - Investigation of case is still going on - At the preliminary stage, it cannot be said that FIR is liable to be quashed - Application for quashing..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Civil Procedure Code, 1908, Order 26, Rule 13 -- Appointment of Commissioner - Partition suit - Preliminary decree - Earlier application for appointment of Commissioner was not pressed and on same day present application filed for praying for appointment of Commissioner to carve out share of DH in house property and movable property - Explanation given by DH that earlier..........
