Civil Procedure Code, 1908, Order 11, Rule 1(10), Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - Commercial dispute - Financial statements that defendants want to place reliance upon were not disclosed at the time of filing written statement in Oct 2022 - Explanation that audited financial statements were concluded only in Dec 2023 was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Law as to : (i) Review proceedings are not by way of an appeal and same have to be strictly confined to the scope and ambit of O.47.R.1 CPC; (ii) Review is not to be confused with appellate powers, which may enable an appellate court to correct all manner of errors committed by the subordinate court;..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power and scope of review jurisdiction Viz: (i) Ground of discovery of new and important matter or evidence is a ground available if it is demonstrated that, despite exercise of due diligence, this evidence was not within their knowledge or could not be produced by party at the time, original decree or..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners claimed that prior agreement to sell was executed in their favour before execution of present agreement to sell - Certain portions of land are also stated to have transferred to them by way of different sale deeds - Some litigation is stated to be pending..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaintiffs seek blanket permanent injunction to restrain defendant bank from interfering with their peaceful possession and enjoyment of property - Suit cannot be maintained since such a blanket prayer for permanent injunction cannot be granted - However, it is always open to plaintiffs to modify the prayer..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Agreement to sell - At the stage of execution of an agreement to sell, question of handing over of original documents would not arise - Even if allegation is taken to be correct, by no stretch of imagination can it be said that by not handing over original document of ownership..........
Civil Procedure Code, 1908, Order 41, Rule 6 -- Stay of execution - Petitioner filed appeal during pendency of execution of judgment and decree - However, property of petitioner is attached which amounts to security in execution - Once property of petitioner is attached, he cannot alienate or sell the same - Further on the day of dismissal of application U.O.41.R.6 CPC,..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Incorrect findings cannot be challenged by way of review petition - Only remedy in the said aspect available is appeal...........
