Civil Procedure Code, 1908, Order 26, Rule 1 -- Court commissioner - Objection as to statement of persons recorded by commissioner, who were not named in the order - No objection was raised by opposite party when specific question regarding such objection had been asked from them - It is now not open for opposite party/corporation to raise such plea at subsequent stage -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - When sentence of fine is imposed then Court has no authority to order compensation...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Suit time barred against some of defendants - Pronouncement of judgment - Court ought to have entered a finding that suit is not maintainable against some of defendants and accordingly pronounced a judgment and passed a decree - Passing of an order that defendants were..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Maintainability of suit - When result of finding on preliminary issue is that suit is not maintainable, it brings an end to litigation between parties - Court shall pronounce judgment in such case - Court need not pass an order first and thereafter, a separate judgment on its basis - It can be a..........
Civil Procedure Code, 1908, Section 33 -- Judgment and decree - Decree is passed only if adjudication conclusively determines the rights of parties with regard to all or any of matters in controversy in suit - An adjudication which does not conclusively determines the rights of parties, is not a decree - If it is not a decree, grounds on which it is passed is not a..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of notice of motion - Grant of - Challenge as to - Suit for administration of estate of deceased - Appellant being highest bidder, sale process had already been confirmed and execution of document was directed in his favour - Since, vested right had been created in favour of appellant/bidder - Defendants could not..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Decree for specific performance - Third party objections - Application for impleading in the suit dismissed - Order not challenged - Obstructers therefore not entitled to obstruct the decree in execution petition, more so when rights of some of obstructers were resolved in individual suits filed by them...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Interim injunction - Order issuing notice by trial Court without granting ex parte injunction, with or without recording reasons, is appealable U.O.43.R.1 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - S.378(4) Cr.P.C. would apply not only to an original order of acquittal in a case of complaint but also to an order of acquittal passed by Sessions Court in appeal - Nothing in S.378(4) Cr.P.C. to limit its application only to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(5) -- Dishonour of cheque - Revision against acquittal - S.401(5) Cr.P.C. permits High Court on its satisfaction about interest of justice to treat the application of revision as petition of appeal and deal the same accordingly - Any appeal against an order of acquittal is permissible..........
