Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation by wife against parents-in-law that they forcibly evicted wife and her husband from ancestral house - There is not even a distinct line of allegations against petitioners in the entire FIR alleging any instance of demand of dowry or committing of any cruelty to wife by petitioners in connection with said demand..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Joining of defendants - Provision U.O.1.R.3 CPC would be attracted only when right to relief against defendants is said to be in respect of the same acts or transactions and common questions of law or facts would arise if separate suits were brought against them...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Sameness of interest or community of interest is essential and a prerequisite for applicability of O.1.R.8 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Provision of O.1.R.8 CPC will apply when interest is similar, even if interest is not joint, concurrent or identical...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Expression `same interest' used in O.1.R.8 CPC should not be interpreted to mean `identical interest' or `interest in entirety'...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Concept of necessary party in a purely Civil Suit and a Writ Petition cannot be one and the same - Scope of necessary party in a Writ Petition is much wider than in the Civil Suit - Persons to be vitally affected by order to be passed by Writ Court are necessary..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ petition - Necessary party - Persons to be vitally affected by order to be passed by Writ Court are necessary parties...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of documents - Once case is pending for plaintiff's evidence, marking documents in evidence can be denied only when Court comes to a conclusion that such document is either not relevant or not admissible in evidence...........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court is required to address all the issues and determine the appeal upon assignment of cogent reasons - Therefore, it would be wholly improper to allow first appeal without adverting to the specific findings of trial Court...........
