Commercial Courts Act, 2015, Section 13(1A), Civil Procedure Code, 1908, Order 7, Rule 10, 11(d), Civil Procedure Code, 1908, Order 43 -- Appeal - Maintainability - Appeal u/s 13(1-A) of 2015 Act would lie only against judgment and orders which are enumerated or enlisted U.O.43 CPC - Order rejecting an application moved U.O.7.R.10 or O.7.R.11(d) CPC is not enumerated or..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit along with cancellation of sale deed - Trial Court partly decreed the suit in favour of plaintiff but refused to grant relief in respect of sale deed - However, trial Court delivered the judgment without disposal of application filed u/s 45 of Evidence Act in which plaintiff specifically pleaded that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Finding in civil suit that cheque in question is not supported by consideration - Judgment was delivered after taking into account the conviction u/s 138 of the Act - Judgment of civil court has become final - Judgment of civil court becomes relevant u/s 43 of Evidence Act - Conviction and sentence set..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court to decide the appeal in accordance with mandatory procedure contained in O.41.R.31 CPC - Non compliance of it renders the judgment bad in law...........
Succession Act, 1925, Section 372, 388(2), 384 -- Succession certificate - Dismissal of application - Appeal against - Dismissal of application by Civil Judgment (Senior Division) invested with the power to exercise function of a District Judge, which is inferior Court, would lie to District Judge and not to the High Court...........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to the suit - If a decree is obtained from a Court by concealing important facts it amounts to playing fraud with the Court - Said judgment and decree can be assailed at any stage by the person feeling aggrieved, by way of filing application seeking leave to file appeal...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Where First appellate Court has not completed or effectuate adjudication of proceedings, course adopted by First Appellate Court is illegal - Judgment of First Appellate Court set aside - Matter remanded for fresh consideration...........
Civil Procedure Code, 1908, Order 38, Rule 5, 10 -- Attachment before judgment - Court can only order attachment of property belonging to defendant - Admittedly, on the date of ordering attachment before judgment, Court was put on notice that property had been sold to petitioner - Court therefore, fell in error in ordering attachment and subsequently, confirming the same..........
Agreement to sell -- Suit for specific performance - Ex parte decree against minor who was being represented by her mother and natural guardian - Court ought to have appointed a Court guardian as mandated U.O.32.R.3 CPC and failure to appoint such a Court guardian of minor, vitiates the entire judgment and decree...........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
