Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Cause of action is not the only ground - For applicability of the provision, it should be matter between the same parties and with reference to the same subject matter...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is only the plaint which has to be considered as a whole for the purpose of determining as to whether cause of action has been made out - Defence to the suit is not material and it is only on the basis of averments contained in the plaint, as they stand, without adding anything or detracting from..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - So long as the plaint discloses some cause of action which requires determination by the court, the mere fact that in the opinion of Judge plaintiff may not succeed cannot be a ground for rejection of plaint...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Trial - On the day when trial Court passed order disposing of private complaints and discharging or releasing accused, case stood posted not for hearing or disposal - On contrary case stood posted for consideration of an application filed by petitioner..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Permission cannot be granted on the mere asking - Permission can be granted only if trial Court was satisfied that suit must fail by reason of some formal defect or that there are sufficient grounds for allowing the plaintiff to institute..........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami property - Right in respect of - Enforcement - Held, no suit, claim or action to enforce any right in respect of property held Benami as defined in S.2(9) of the Act can be filed nor any such defence can be taken in such suit except when case falls in exceptions provided in S.4(3) of the Act...........
Indian Penal Code, 1860, Section 302 -- Nature of offence - Accused dealt two fist blows on head of the deceased and consequently, deceased succumbed to the injuries - Action of accused coupled with evidence of doctor and oral evidence clearly indicates that there was neither any pre-meditation nor has it been established that accused had any intention to cause death of..........
Haryana Panchayati Raj Act, 1994, Section 51 -- Second enquiry - Natural Justice - - Execution of gift deeds by petitioner/Sarpanch in favour of 39 ineligible persons - After conducting enquiry, petitioner warned to be careful in future - Error committed by petitioner has already been corrected - Initiation of second inquiry - Validity - Held, it violates principle of..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Unconditional withdrawal of suit - Claim abandoned and no leave of Court to file fresh suit taken - - Fresh suit on the same cause of action - Not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Fact of compromise sought to be introduced by way of amendment - Parties entered into compromise in regard to the subject matter of appeal preferred against another suit pending in between the parties and also the subject matter of the present suit - Proposed amendment is based on the same set of facts..........
