Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Cause of action to seek declaration regarding ownership and for cancellation of gift deed & sale deed accrued to plaintiff only upon application for impleadment by defendant Nos.3 to 6 filed in earlier suit and pleading regarding said..........
Criminal Procedure Code, 1973, Section 482 -- Mere existence of a civil remedy does not bar initiation of criminal proceedings where allegations prima facie disclose commission of a cognizable offence...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Civil dispute and criminal process - Mere existence of a civil remedy does not by itself bar criminal proceedings where allegations prima facie disclose commission of a cognizable offence - Quashing order directing investigation on the ground that dispute appeared to be civil in nature..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Power of attorney holder may depose on behalf of principal in respect of such acts which are within his personal knowledge but he cannot certainly depose for principal for the acts done by principal and not known personally by him...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact howsoever erroneous cannot be reopened and disturbed in second appeal which is required to be adjudicated only upon substantial question of law if any arising therein...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where findings are strictly finding of facts and are not shown to be perverse in any manner and they have not been returned on basis of any inadmissible evidence, it was not open for Second Appellate Court to go into correctness of those findings by reappreciating evidence adduced by parties...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot reappreciate evidence and interfere with finding of facts unless a substantial question of law or a question of law duly formulated is to be decided...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whenever and wherever Court finds that litigation is a frivolous and vexatious one and pleadings as made comprise of illusory facts so as to create an illusory cause of action, same deserves to be nipped in the bud...........
Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
