Civil Procedure Code, 1908, Section 24 -- Transfer of case - Transfer on allegation that a person may not get complete justice from Court is a serious issue - Once an order is passed against which respondent had consciously availed a remedy of filing a review, in such circumstances, it cannot be said that by making a bald allegation that they do not have faith or that..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey commissioner - In order to get a survey commissioner executed, it is necessary that there has to be a dispute in respect of identity of property...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit - When first appellate Court had come to a conclusion that matter needs to be remanded, it was not proper on part of first appellate Court to express an opinion on merits - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand -..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Court cannot partly allow application for withdrawal of suit and rejecting prayer for liberty to file fresh suit on same cause of action - Trial Court has two options i.e either allow application and accord liberty in favour of plaintiff or to..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Copy of sale deed duly attested by Notary Public exhibited subject to objection with regard to mode of proof and admissibility - Plaintiff by way of additional evidence sought to place on record original sale deed and to exhibit it to just to remove the technical objection - Order allowing application calls..........
Civil Procedure Code, 1908, Section 114 -- Review - Order sought to be reviewed came to be passed as counsel for petitioner had submitted at the very outset, that he does not press upon his petition - In these circumstances, counsel himself having chosen not to press upon his case, there is no case for reviewing the order passed on the basis of such statement - Review..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matters finally disposed of by order of remand cannot, any of them, be re-opened when case comes back before High Court in second round from first appellate Court - But if at the time of remand, no final decision is given on a point, though some observations only are..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When an appellate Court remands the case for further inquiry, lower Court has to act within the limits of remand order - It cannot reopen the finding of appellate Court, if does so, it exceeds the limits of its jurisdiction...........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate should apply judicious mind while exercising power u/s 156(3) Cr.P.C. - Mere mention in the order that he has gone through the complaint and police investigation is not required or otherwise, would not be sufficient compliance of application of judicial mind while deciding application u/s 156(3) Cr.P.C...........
