Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Employee seeking restraint order from dispossession - Premises allotted to employee while in service - Right to continue in possession after cessation of service not disclosed in plaint - A caretaker, agent or employee does not have any right or interest to continue in..........
Civil Procedure Code, 1908, Section 104(2) -- Appeal - Interlocutory order - Appeal would not lie against interlocutory orders passed in an appeal filed u/s 104 or O.43 CPC - However, if appeal arises from an interlocutory order passed in an appeal filed u/s 96 or O.41 CPC, same is maintainable and bar u/s 104(2) CPC would not apply...........
Civil Procedure Code, 1908, Section 151 -- Power of Court - Court has to exercise discretionary power vested in it by virtue of S.151 CPC judiciously based on sound principles of law in order to secure ends of justice...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit reserved for judgment - Affidavit filed in support of application does not disclose reasons much less valid reasons - Court has to take into consideration the prejudice likely to be caused to the parties to the proceedings while disposing of application of this nature - Possibility of filing such..........
Criminal Procedure Code, 1973, Section 107, 111 -- Offence u/s 107 IPC - It is mandatory that an order issued u/s 111 Cr.P.C. by exercise of jurisdiction u/s 107 Cr.P.C. to set forth the substance of information received, the amount of bond to be executed, the term for which it is to be in force and the number, character and type of securities, if any, which are required...........
Criminal Procedure Code, 1973, Section 107, 111 -- Offence u/s 107 IPC - Order of Magistrate - Only when circumstances are there which convincingly indicate that a person is engaged or indulged or likely to indulge or engage in activities that would endanger public peace or disturb public tranquility that an order is required to be passed u/s 107 Cr.P.C...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge of death of her father and..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once Court comes to a finding that petitioner was wrongly proceeded ex parte then he should be allowed to join proceedings from the stage when he was proceeded ex parte and not at the stage which was pending the day ex parte order is set aside...........
Civil Procedure Code, 1908, Order 13, Rule 1, 3 -- Permission to file certain documents - Does not mean that same are admissible in evidence - Admissibility of documents will be adjudicated at an appropriate stage - Filing of documents is one thing and admissibility of documents is another - Moreover, Court may at any stage of the suit reject any document, which it..........
Criminal Procedure Code, 1973, Section 482 -- Order of Permanent Lok Adalat - Challenge as to - When order is passed by Permanent Lok Adalat, only remedy available againstsaid award,is by way of filing of writ petition u/arts 226, 227 of Constitution - Petition u/s 482 Cr.P.C. is not maintainable. (Ambika Kumary Vs. State of Kerala, 2011(3) Civil Court Cases 066 (Kerala)..........
