Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points of determination - Provision of O.41.R.31 CPC is mandatory - If judgment of appellate Court does not follow the provision of O.41.R.31 CPC judgment is vitiated...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Tenants resisting the decree on the same ground which was rejected by High Court earlier - Executing Court rightly dismissed the application u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Power u/s 47 CPC is microscopic and lies within a very narrow inspection hole...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Petitioners have not raised any serious objection in terms of S.47 CPC - Only objection raised was that Court ought not to proceed with ordering JD to execute sale deed in view of pendency of first appeal - Even, no stay sought from appellate Court - Executing Court itself would not refuse to proceed with..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Partly allowed - Suit allowed to be withdrawn - Liberty to file fresh suit on the same cause of action not granted - Plaintiff is rendered remediless - Impugned order to the extent not granting liberty to file fresh suit set aside - Plaintiff..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Partly allowed - Suit allowed to be withdrawn - Liberty to file fresh suit on the same cause of action not granted - Plaintiff is rendered remediless - Impugned order to the extent not granting liberty to file fresh suit set aside - Plaintiff..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for partition - Earlier suit dismissed in default - Plea of res judicata not sustainable as (i) there was no adjudication in the earlier proceedings; (ii) suit being one for partition, so long as co-ownership continues, there is no bar to maintain the present suit...........
