Civil Procedure Code, 1908, Section 11 -- Res judicata - In absence of any appeal being filed from the common judgment deciding two suits, failure to challenge the decree passed in one of them would not permit the appellate Court to decide the appeal challenging other decree - Appeal rightly dismissed...........
Civil Procedure Code, 1908, Order 20, Rule 6 -- Decree - Every endeavor should be made to ensure that decree is drawn up as expeditiously as possible and within an outer time limit of fifteen days from the date on which judgment is pronounced - An appeal can be preferred without filing a copy of decree and judgment shall cease to have the effect of a decree for the..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - In case of doubt regarding valuation shown in memorandum of appeal registry can verify the copy of plaint available with counsel for the appellant - Copy of decree of trial Court can at least be produced along with memorandum of second appeal even if decree of appellate Court has not been drawn up...........
Civil Procedure Code, 1908, Section 122 -- Power of High Court to make rules - There is no fetter for High Court to frame rules regulating the procedure u/s 122 CPC specifying time limit within which decree shall be produced - Decree need be produced by appellant only if appeal is not dismissed U.O.41.R.11 CPC or as time barred or for any other reason...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - A regular first appeal or regular second appeal, under no circumstances, be refused to be numbered for the reason that memorandum is not accompanied by a copy of impugned decree...........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B) -- Murder - Plea of non compliance of S.313 Cr.P.C. - Material evidence and Ballistic Expert opinion not put to accused in his statement u/s 313 Cr.P.C. - Objection regrading defective statement u/s 313 Cr.P.C not raised either before trial Court or High Court -..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Application for transposition at appellate stage - Respondent No.3 filed an application for transposition as appellant in appeal filed by legal heirs of plaintiff - He was already arrayed as defendant in suit and also as a respondent in said appeal and was also examined in the proceedings as plaintiff witness -..........
Civil Procedure Code, 1908, Section 35 -- Costs - Award of costs is in the discretion of Court - An appeal lies for costs only where order as to costs involves a question of principle - If discretion is exercised to decline costs on facts, it cannot be contended that question of principle is involved in the matter - When Court exercises its discretion as to costs on facts,..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227 -- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had..........
