Civil Procedure Code, 1908, Section 100 -- Second appeal - If judgment of first Appellate Court is based on no evidence or misreading the evidence or is recorded against any provision of law without acting judicially, such ground can constitute a substantial question of law within the meaning of S.100 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - It is for defendants to explain as to why written statement is not filed within time - Court is not entitled to accept the written statement beyond 90 days without giving any sufficient explanation and without recording its findings as to why such a written statement is required to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - Simply because application was filed and plaintiff did not object to it, cannot be a ground for extending period...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on the basis of allegations made by defendant in his written statement or in an application for rejection of plaint - Court has to read entire plaint as a whole to find out whether it discloses a cause of action and if it does, then plaint cannot be rejected by Court exercising..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - So long as plaint discloses some cause of action which requires determination by Court, mere fact that in the opinion of Judge plaintiff may not succeed cannot be a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is a bundle of facts which are required to be proved for obtaining relief and for the said purpose, material facts are required to be stated but not the evidence except in certain cases where the pleadings relied on are in regard to misrepresentation, fraud, wilful default, undue..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specifically not mentioned `Cause of action' - However, plaint when read as a whole reveals that cause of action is disclosed in plaint - Application dismissed...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Once the factum of possession and right to possess both have been adjudicated upon by appropriate civil Court, question of initiation of proceedings u/s 145, 146 Cr.P.C does not arise...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced were all along in the public domain and if petitioners were diligent, they could have brought these documents at the very beginning before trial Court - Documents have been brought only to fill the lacunae in the case of petitioners - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If cause of action is not disclosed in the suit or where suit appears from statements of plaint is barred by any law, suit can be rejected U.O.7.R.11 CPC...........
