Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 8, Rejection of plaint -- Ground of absence of cause of action - Suit for partition filed by grandsons - As per averments in plaint property is not Joint family property - Therefore, upon death of owner of suit properties, the same were inherited by his legal heirs - Plaintiffs being..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Permissible even after filing of charge sheet - Further investigation is permissible even if order of cognizance of offence has been taken by the Magistrate...........
Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Charge sheet not filed within 60/90 days - Accused is entitled to bail - This right is not available when charge sheet is filed - This right does not revive when further investigation remains pending within meaning of S.173(8) Cr.P.C...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Filing within 90 days - Period of 90 days already expired - Application filed for invoking inherent powers of Court - Provision of O.8.R.1 is directory - No serious default can be found on part of defendant in seeking relief as envisaged U.O.8.R.1 by labelling application u/s 151 CPC - No..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Can be allowed, if it is not likely to cause prejudice to the plaintiff and it is so relevant to prove the facts placed before the Court by the defendant, which cause no prejudice to the plaintiff even in the absence of any claim or set off or counter claim...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 8, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Second application - Offence u/s 8/15 r/w S.8/29 NDPS Act - No change in situation after rejection of first bail application - Application rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 8, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Second application - Huge recovery of 6040 kg. of poppy straw - Plea that petitioner is implicated only on statement of co-accused recorded u/s 67 of the Act - Keeping in view of huge recovery nothing can be said at this stage that case against..........
Civil Procedure Code, 1908, Order 6, Rule 1, 17, Civil Procedure Code, 1908, Order 9, Rule 8 -- Replication - Whether pleading? - Once permission is given U.O.9.R.8 to file subsequent pleading then this pleading is a pleading within the meaning of O.6.R.1 as well as O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay of one day of the date fixed lastly for filing written statement - One of the defendants was not available for signing the written statement - This cannot be allowed to frustrate a legitimate claim and justice cannot be allowed to be defeated especially when the Court has power to extend the time..........
Arbitration and Conciliation Act, 1996, Section 11(8) -- Appointment of arbitration - Petition filed u/s 11(6) of the Act - Held, once S.11(6) petition is filed before the Court, seeking appointment of an arbitrator, the power to appoint an arbitrator in terms of arbitration clause of the agreement ceases...........
