Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Leave to sue - Before grant of leave, ex parte interim injunction granted and Local Commissioner appointed - Enquiry in the suit can only be taken up after leave is granted - Order granting ex parte injunction and appointment of advocate commissioner set aside being erroneously passed before grant of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Of a fact having no foundation in the plaint and permission to plead that fact also not granted and that order becoming final - Moreover, additional evidence is sought to be lead after recording of entire evidence is over and even arguments are over - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Where party purchased suit property during pendency of suit, impleadment could be directed U.O.22.R.10 CPC and not U.O.1.R.10 CPC - Merely because while allowing such impleadment, Court referred to O.1.R.10 CPC, it would not render order..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Petition u/s 482 Cr.P.C. for quashing of order and consequential proceedings under PWDV Act - Maintainability - Petitioner challenged complaint is without jurisdiction - High Court thus, with its vast inherent powers would be able to entertain..........
Criminal Procedure Code, 1973, Section 386(a) -- Retrial - Cannot be ordered when there is a mere irregularity or where it does not cause any prejudice - Power to order retrial should be exercised only in exceptional cases when original trial is not satisfactory for particular reasons...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Criminal Procedure Code, 1973, Section 378 -- Issue of jurisdiction involved - Inspite of that Court gave a finding on merits - Such finding cannot be treated as res judicata as it was purely auxiliary or non foundational to the main issue in the earlier order...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner to record factual position of land - Suit for injunction - Measurement of lands already done at the instance of plaintiffs and boundaries are fixed - Burden lies on plaintiffs to prove the said existence of their house and its location - Hence, plaintiffs cannot seek appointment of Court..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401 -- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned..........
