Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Judgment passed in second appeal - Petitioner failed to satisfy as to which of plea urged by them in course of hearing of second appeal was vitiated by error apparent on face of record or which fact or document was later on discovered, which despite due diligence could not be produced at the time when..........
Negotiable Instruments Act, 1881, Section 4, 87, Civil Procedure Code, 1908, Order 8, Rule 1 -- Promissory note - Filled up in two separate inks - Amount of Rs.35,000/- also filled up in two separate inks - Plea that this aspect not stated in the written statement - Plaintiff in the first instance should have stated in the plaint the reason behind this aspect - Suppressing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing that the disputed property..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of party - Plea of non-joinder cannot be raised at appellate stage...........
Civil Procedure Code, 1908, Section 47(1) -- Revision - Maintainability - Parties are in litigation since long time and has not ended - Respondent is in possession of suit property - Necessary ingredients which constitute adverse possession, are completely missing in the plaint - Thus, plea in revision petition is a pure question of law and can be raised at any stage of..........
Civil Procedure Code, 1908, Order 22, Rule 1 -- Abatment of suit - Once the plaint - itself is rejected, the question of any legal heirs of any of the defendants for the purpose of defending the suit or pursuing the petition, would cease to arise in the first place...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed by plaintiffs for challenging sale deed executed by defendants in favour of defendant no.6 - Property in question inherited by parties equally - Defendants sold half share out of suit property - Plaintiffs have no prima facie case or balance of convenience in their favour for grant of..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Offence u/s 13(1)(d) of P.C Act and Ss.420, 120-B IPC - Possession of land in question was taken by government - Petitioner in the capacity of Tehsildar declaring private persons as Gair Marushi and Marushi -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Sale of ancestral property - Question of nature of property as to whether ancestral property or self acquired property can only be decided after parties lead evidence - Temporary injunction rightly declined...........
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........
