Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application u/s 311 Cr.P.C cannot be allowed if it is filed only to drag the proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, averments of plaint alone are to be considered and not the defence of defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a previous suit was dismissed for non-appearance of plaintiff, subsequent suit was to be seen from the pleadings of the parties in the earlier suit and plaint cannot be rejected U.O.7.R.11 CPC by considering the averments of defendant raised in his written statement and his documents...........
Indian Penal Code, 1860, Section 307, 323, 325, 341, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties are husband and wife and a compromise arrived at between them - They reached a point of dissolution of marriage and have also settled all their issues like custody of minor daughter, permanent alimony, istridhan etc. -..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No amount of evidence can prove a case of a party who had not set up the same in his pleadings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property in question is the absolute property of one `G' and she died intestate and thereafter her legal heirs got divided the property - Said property becomes the separate property and during the lifetime of father of plaintiffs, plaintiffs cannot seek relief of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Decree of divorce granted on the ground of adultery - Maintenance was granted after parties ceased to husband and wife - Findings recorded during divorce proceedings would not affect the maintenance claim of divorced wife - Plea of husband that a divorced wife is not entitled to maintenance if she..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Practice and Procedure -- Compliance of an order under threat cannot take away the right of a party as available to challenge the same, in law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Admission made by witnesses of defendant that defendant owns and is staying in a house close to suit property is sufficient proof that defendant was not in possession of suit property and is not residing in the property - Concurrent findings of Courts below that plaintiff is in..........
