Jurisdiction of Court -- Civil and criminal Court - Distinction : (i) The stage at which an objection as to jurisdiction, territorial or pecuniary, can be raised, is regulated in civil proceedings by S.21 CPC - Whereas, there is no provision in Cr.P.C akin to S.21 CPC; (ii) In civil proceedings, a plaint can be returned U.O.7.R.10 CPC, to be presented to the proper Court,..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Objection - It is not necessary for accused to show actual prejudice but a likelihood of conflict of interest would in itself be enough to preclude an advocate from appearing for opposite party since an advocate is required to maintain highest traditions of bar...........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Objection - Apprehension of petitioner as to likelihood of bias or conflict of interest on part of counsel, who has been appointed as a Special Public Prosecutor to conduct the case on behalf of State prosecution in connection with earlier case is misplaced - Not only are victim and..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Eviction suit - Petitioners are sub-tenants of original tenant - Suit is between landlord and tenant - Petitioners cannot take shelter of O.21.R.97 CPC to raise objection against execution of decree passed in favour of plaintiff - Even, O.21.R.101 CPC has no applicability as..........
Civil Procedure Code, 1908, Order 21, Rule 97, 102, 103 -- Execution - Objection by transferee pendente lite - Adjudication of objections raised by transferee pendente lite U.O.21.R.97 CPC itself is not maintainable - Accordingly, no appeal shall lie against the same, as it would not constitute a decree U.O.21.R.103 CPC...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - Trial Court allowed the application simply on the basis of no objection having been given by plaintiffs and did not apply its own mind - Whether applicants were necessary or proper parties was not seen - It was not considered that they were strangers to lis as also..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit is at the preliminary stage - Application for amendment filed at the very inception - Reliefs as prayed for pertain to same property and parties to dispute are also same - As regarding objection of non-serving of notice in terms of S.304 of Rajasthan municipalities Act, same can be raised by..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation report is already on record - No objection was filed by petitioner to said demarcation report - Neither report of Local Commissioner nor evidence given by said local Commissioner including cross-examination has been placed on record to even remotely show that demarcation was not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Objection as to territorial and pecuniary jurisdiction of first appellant Court has to be taken at the earliest point of time in first appeal - Objection having not taken before first appellate authority, cannot be allowed to be taken at a subsequent stage in second appeal...........
Civil Procedure Code, 1908, Section 21 -- Objections to jurisdiction - Objections regarding place of suing shall not be allowed unless such objection is taken in the Court/Tribunal of first instance at the earliest possible opportunity...........
