Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejecting plaint where substantial factual disputes exist concerning limitation and scope of authority under Power of Attorney, is legally unsustainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When question of limitation involves disputed facts or hinges on date of knowledge, such issues cannot be decided at the stage of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration along with consequential relief of injunction - Once date of knowledge is specifically pleaded and forms basis of cause of action, issue of limitation cannot be decided summarily - It becomes a mixed question of law and fact, which cannot be adjudicated at the..........
Criminal Procedure Code, 1973, Section 340 -- False affidavit - No iota of evidence in reply to application about filing of false affidavit - Filing of wrong affidavit was not intentional - Moreover, there were number of FIRs registered against petitioner for which petitioner was called - Regarding any other act cause of action would not be to file a petition u/s 340..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds of res judicata and cause of action would be decided after evidence of parties - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plaintiff wanted to execute oral agreement to sell - Suit was time barred - Plaintiff instead of filing suit for specific performance regarding so called oral agreement had simply filed suit for injunction which is not maintainable - Suit dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Trust property - Defendant sold his share in trust property - Plaintiff wanted to declare sale deed as null and void - Plaintiff had not sought any relief under Rajasthan Public Trust Act - Civil Court has power to declare said sale deed as null and void - Application..........
Indian Penal Code, 1860, Section 500, 501, 504 -- Offence u/ss 500, 501, 504 - Petitioner did not transmit any derogatory messages via social media pertaining to deceased - Absent any substantiation of petitioner's involvement in disseminating derogatory or insulting communications regarding deceased, foundation for these allegations is significantly weakened - Absence of..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Cannot be allowed by Appellate Court in an appeal filed against order rejecting plaint as Appellate Court has to examine validity of trial courts order rejecting plaint and Appellate Court is not enjoined to decide merits of controversy...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Any action taken in good faith by government employee in discharging of duties or performing their duties in good faith and intended to be done in pursuance of law then no suit, prosecution or any other legal proceeding shall lie against State Government or any officer of Government or any other..........
