Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Probate proceedings - Issue as to caveatable interest - Preliminary issues are triable before proceedings are treated as a full fledged suit under order of judge concerned - Preliminary issue does not relate to validity or legality of Will sought to be probated but only to issue whether caveator has an..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Delay condonation and restoration application - Can be decided simultaneously - However, in the event of an order being passed on delay condonation and restoration application, main matter on merits should not be decided on the same date so as to enable the party aggrieved to challenge the..........
Criminal Procedure Code, 1973, Section 125, 195, 340, Indian Penal Code, 1860, Section 191, 192, 193 -- Maintenance - False evidence by wife as to income - Direction to take action for offence u/ss 191, 192 & 193 IPC - Laws in favour of distressed wife when misused by declaring completely incorrect facts and also by suppressing the material aspect, the trial Court at the..........
Civil Procedure Code, 1908, Section 115, Order 10, Rule 2 -- Order rejecting application U.O.10.R.2 CPC - Revision against the same is not maintainable, as said order is purely interlocutory in nature and is not a case decided within the meaning of S.115 CPC - It is thus open for judicial review, if necessary u/art 227 of the Constitution...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Subsequent events - Having material bearing on the rights of parties - Proposed amendment is relatable to original suit and continuity of plea in the suit which would be having effect of elaboration of stand of parties at a subsequent stage - Proposed amendment was just and proper in order to enable the..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Civil suit for possession/ejectment - Rent Act made applicable during pendency of suit - Right of parties stand crystallised on the date of institution of suit and therefore law applicable on the date of filing of suit continues to apply until suit is disposed of or adjudicated - If during pendency of suit, Rent Act..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Award of compensation directly without attaching the property is not proper - Impugned order set aside...........
Civil Procedure Code, 1908, Section 100, Companies Act, 1956, Section 10F, 397, 398 -- Company Petition - Lease of Industrial Plot - Jurisdiction - There is no provision in S.10F of the Act which is akin to provisions contained in S.100(4) CPC - No case for winding up is made out so as to justify the exercise of powers u/ss 397, 398 of the Act by CLB, would hardly require..........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 17 -- Amendment of plaint - Order allowing amendment of plaint by first appellate Court - Not challenged by defendant no.2 and the same attained finality - Same cannot be challenged for the first time in second appeal...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order declining appointment of local commissioner - Not revisable order as it does not decide any substantial right between parties...........
