Criminal Procedure Code, 1973, Section 125 -- Maintenance - Though application u/s 125 Cr.P.C is made before Criminal Court as defined u/s 6 Cr.P.C, but right decided by Court is purely civil in nature...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Proceedings initiated u/s 125 Cr.P.C is quasi civil and quasi criminal - Provision of S.11 CPC i.e. principle of res judicata is applicable to proceedings u/s 125 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Suit and execution proceedings referred to in O.21.R.29 CPC should simultaneously be pending before very same Court and not before two different Courts which are not of co-ordinate jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Provision U.O.21.R.29 CPC would apply only if suit is instituted prior to execution proceedings and in the event of execution proceedings have already been instituted, mere institution of suit subsequently and its pendency cannot be made basis to invoke O.21.R.29 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Lack of jurisdiction - Where Court has inherent lack of jurisdiction to entertain suit, it cannot return the plaint granting liberty to plaintiff to represent the suit before competent Court, but has to dismiss the suit for want of jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 -- Rejection of plaint - Lack of jurisdiction - From the date of constitution of Family Court covering an area, any dispute between husband and wife concerning property owned by them or by any of them, Family Court alone shall have jurisdiction to decide and District Court or Subordinate civil..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Observations made by any Court while deciding any interlocutory application are all tentative and confined to those applications - While deciding the main suit, Courts are not expected to get influenced by any observations that were made by Court in interlocutory applications - Rights and duties of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Observations made by any Court while deciding any interlocutory application are all tentative and confined to those applications - While deciding the main suit, Courts are not expected to get influenced by any observations that were made by Court in interlocutory applications - Rights and duties of..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant after filing written statement cannot be allowed to file counter claim separately except with permission of Court...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Written statement jointly filed by defendants No.4 & 7 - On the same date they filed counter claim alongwith defendants No.1 to 3 - Defendants No.1 to 3 had already filed their written statement and thus forfeited their right to file counterclaim without permission of Court - Counter claim so far as it relates..........
