Wealth Tax Act, 1957, Section 27A, Civil Procedure Code, 1908, Section 100 -- Delay in assessment - High Court set aside order of Appellate Tribunal and restored the order of assessment passed by the Assessing officer for levying penalty for delay in Assessment - Appeal filed u/s.27-A of the Act has to be decided like a second appeal u/s 100 CPC - High Court did not make..........
Criminal Procedure Code, 1973, Section 147 -- Proceedings u/s 147 Cr.P.C. - Subsequent thereto civil suit filed - Order of status quo passed by Civil Court - SDM passed order of removal of obstruction after passing of status quo order by Civil Court - Civil Court has ample jurisdiction to issue ad interim mandatory injunction for removal of unauthorized..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Stage of consideration - Even if an application for additional evidence is filed during pendency of appeal, it has to be heard at time of final hearing of appeal i.e at the stage when it is possible for Court to reach to a conclusion after appreciating evidence already on record that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - As per averments Returned candidate (RC) does not have requisite minimum educational qualification of class VIII to contest election for post of Sarpanch - Mark sheet relied upon by RC is evidently forged and fabricated - Moreover, it does not indicate period during which RC studied..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Court can recall a witness in order to clarify any issue or doubt either suo moto or at request of any party - There is no specific provision in CPC however, enabling parties to reopen evidence for purpose of further examination-in-chief or cross-examination...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Barred by principles of res judicata - Question involving mixed question of fact and law, which require not only examination of plaint but also other evidence and order passed in earlier suit may be taken as preliminary issue or at final hearing - But said question cannot be determined at..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Courts shall keep in consideration provision of O.14.R.1 CPC before framing issues - Order farming issues must show application of mind and distinct issue should be framed on each material proposition affirmed by one party and denied by the other...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Leave to deliver - Interrogatories relevant for the purposes of disposal of suit and answer to the same may help the plaintiff in discharging the onus placed on plaintiff of some of issues - At the stage of administering interrogatories, Court is not to examine the parties - Inquiry is limited to ascertain..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31 -- Second appeal - If second appeal involves substantial question of law then such questions are required to be formulated - However, in case second appeal does not involve substantial question of law then appellate Court has to pass a reasoned order which is a mandatory requirement of law - Non compliance of..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31 -- Second appeal - High Court dismissed appeal in limine U.O.41.R.11 CPC - While deciding second appeal, High Court not satisfied requirements of either S.100 CPC and/or O.41.R.31 CPC - Impugned order of High Court legally unsustainable and same set aside - Case remanded to High Court for hearing of appeal..........
