Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cancellation of sale deed - Suit for - In the objection, opposite party No.1 by way of amendment introduced total new story - She did not file any application to amend her original plaint which indicates that sale transaction had taken place and due to non payment of consideration amount suit was filed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Resolution passed whereby Managing Director authorised to 'Conduct proceedings on behalf of company' - Such expression does not include to file a complaint on behalf of Company...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by unauthorised person, resulting in acquittal of accused - Complaint company raised plea that there was resolution passed by company authorising Director of company to file complaint - However, no good reason assigned why this resolution was withheld from Court when issue of authority..........
Civil Procedure Code, 1908, Section 100, Order 23, Rule 3 -- Withdrawal of appeal on the ground that a compromise has been reached in between the two groups - Appeal dismissed as withdrawn - It is not open to some other parties to file an appeal challenging the withdrawal of the first appeal on the ground that a `compromise' was illlegally entered...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Alternative remedy - Transfer - Once the petitioner was not able to get an interim order of transfer, she had chosen to withdraw the suit to file the writ petition - The petitioner has no valid justification to withdraw the suit and then file writ petition having exercised his option for filing a civil suit at..........
Suit for possession -- Where there is no cloud on the title of the plaintiff over the property in dispute and he is out of possession, the only remedy is to file a suit for possession and not a suit for declaration and possession...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction can be allowed to be converted into a suit for specific performance if suit for specific performance is within time to avoid multiplicity of litigation as in case of refusal, petitioner can file a suit for specific performance separately...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Application for providing irrigation channel, after a lapse of more than 20 years without a reasonable explanation for the delay - Held, even though no limitation is prescribed to file an applciaotn u/s 42 of the Act but competent authority cannot entertain an applciaotn after..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Respondent got land in exchange - Held, he has no locus standi to file application u/s 42 of the Act for providing water channel for irrigation when his predecessor-in-interest never moved such an application within limitation...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Allegations of fraud and forgery - Trial discussed threadbare both oral as well as documentary evidence and recorded judgment of conviction - Appellate Court, without discussing correctness and propriety of evidence, brushed aside the evidence of Handwriting Expert and that of bank officials and..........
