Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In an application filed U.O.7.R.11 CPC, Court cannot consider the contentions raised in written statement - If plaint discloses a cause of action, Court cannot reject it - If a plain reading of plaint it is found that suit is vexatious and meritless, it can be rejected - Averments in the plaint must be..........
Wrong provision of law -- Merely mention of wrong provision ought not to be viewed so seriously so as to reject application...........
Evidence Act, 1872, Section 3 -- Evidence of a witness - One part of the evidence disbelieved - Said evidence not separable from the remaining part - When evidence of witness is intrinsically inseparable one, Court has to reject the evidence wholly...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Accident occurred on 12.08.2008 - Mere fact that income Tax Return for the Assessment Year 2008-2009 had not been filed cannot disadvantage the appellants, for the reason that period for which Return is to be submitted covers period starting 1.4.2007 and ending 31.3.2008 - No income..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Leave to file an appeal - Rejection of application filed U.O.1.R.10 CPC is per se not a ground to reject application for leave to file appeal...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Law as to: (i) Trial Court has undoubted jurisdiction to add any person not being the accused before it to face the trial along with other accused persons, if the Court is satisfied at any stage of proceedings on the evidence adduced that the persons who have not been arrayed as accused should..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Maintenance already granted to wife and children - Plea of husband that on account of losses in business, his income has substantially reduced or that recovery proceedings have been initiated is essentially a question of fact and it will not be prudent to accept or reject the same at this..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question raised is a disputed question of fact - On adjudication, result may go this way or that way - Same cannot be a ground to reject plaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition can be filed u/s 482 Cr.P.C for quashing of charge sheet even before framing of charges and it would not be in the interest of justice to reject the application merely on the ground that accused concerned could argue legal and factual issues at the time of framing of charges...........
Auction sale -- Cancellation of auction - Auction cancelled due to erroneous minimum rate provided in the Notice Inviting Tender (NIT) - Appellants were well within their rights to cancel the auction, as terms and conditions of NIT, empowers appellant to accept or reject any or all bids - Moreover, pursuant to the cancellation of first NIT, a second NIT was issued wherein..........
