Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff raised the construction only in his property - Admittedly, construction has been completed and defendants have not questioned the construction which is on the common pathway - No document on the side of defendants to show that there is an encroachment of common pathway by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff had raised construction over vacant land in front of ancestral house which earlier served as a passage to his house and on such account he was disentitled from claiming right of passage from veranda which has fallen to share of defendant -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - To constitute a valid admission in pleading, said admission should be unequivocal, unconditional and unambiguous and admission must be made with an intention to be bound by it - Admission must be valid without being proved by adducing evidence and enabling the opposite party to succeed without trial...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission in pleadings means a statement made by a party to legal proceedings whether oral, documentary or contained in an electronic form and said statement suggests an inference with respect to a fact in issue between the parties or a relevant fact...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission not unequivocal and absolute to pave way for a judgment on admission - Judgment on admission is erroneous and illegal...........
Civil Procedure Code, 1908, Order 38, Rule 1 -- Arrears of rent - Defendant directed to deposit the rental arrears failing which he will lose opportunity of defending the case - Order of trial Court, upheld...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Suit filed against a dead person is a nullity from the very inception - Same shall be deemed not to have been instituted at all - Prayer for its withdrawal ought to be permitted with liberty to file a fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - Substitution of L.R's not permissible U.O.22.R.4 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has not considered the merits of suit and counter claim - Order of High Court set aside - Matter remanded...........
