Civil Procedure Code, 1908, Section 92(1) -- Suit u/s 92 CPC - In order to maintain a suit u/s 92 CPC, persons applying should show existence of a public charitable or a religious Trust or a purpose - There should be a clear breach of terms of Trust - Such a petition could be filed by two persons interested in the affairs of Trust...........
Civil Procedure Code, 1908, Section 92(1) -- Suit u/s 92 CPC - For Court to exercise jurisdiction u/s 92 CPC, there must be a factual finding from material placed on record whether Trust was a public charitable or a religious Trust and also whether persons approaching Court have any interest in Trust...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where victim and offender have compromised disputes essentially civil and personal in nature, High Court can exercise its power u/s 482 Cr.P.C to quash criminal proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 1, 7 -- Pleadings - Relief not claimed in pleadings should not be granted...........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Amendment of valuation of suit - Revision - Permission to amendment in valuation of suit cannot be given a status of a case decided - Revision against such interlocutory order of allowing amendment application qua valuation of suit not maintainable unless it affect jurisdiction of Court - Revision petition..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - When plaintiffs claim that they gained knowledge of essential facts giving rise to cause of action only at a particular point of time, same has to be accepted at the stage of considering application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Dismissal of previous application on merits - Subsequent application on the same grounds is barred by res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil court jurisdiction - Collector and Mamlatdar did not comply with the statutory provisions and did not act in conformity with the fundamental principles of judicial procedure - There is thus no bar of jurisdiction of civil court...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Order passed against a dead person - Order is nullity and same cannot be allowed to operate against his LRs who were never brought on record to defend their case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Filed at belated stage - Liberty was granted to plaintiff to file fresh amendment application, however, there is no occasion for plaintiff to wait for three years when suit was listed for final hearing and also in mean time he himself filed petition for early disposal of suit - Moreover, if amendment is..........
