Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff was allotted the suit land vide sale certificate which was duly proved by PW3 - Failure of defendants to produce any sale certificate in their favour as set up by them in written statement besides even proving their possession over suit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Mandatory inquiry u/s 202 Cr.P.C can be conducted by taking evidence of complainant on affidavit in cases u/s 138 of N.I. Act - Inquiry need not be necessarily conducted by taking evidence on oath - Further, documents may be examined..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - At the stage of issuance of summons for the purpose of S.202 Cr.P.C r/w S.145 of N.I. Act, MM is only required to examine whether basic ingredients of an offence u/s 138 of the Act have been prima facie made out by complainant and..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - MM has duly conducted necessary inquiry u/s 202 Cr.P.C before issuance of summons to accused - Merely because the summoning order of MM does not make specific reference to S.202 Cr.P.C, it cannot be accepted that an inquiry as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected at the threshold on the ground that plaintiff is not entitled to any relief...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contention that adverse possession cannot be claimed on the basis of an agreement of sale, since they are inconsistent or mutually destructive pleas, cannot be ground to reject plaint U.O.7.R.11 CPC - Merits of such pleas are to be adjudicated by trial Court after conducting a trial...........
Criminal Procedure Code, 1973, Section 2(d) -- Complaint - Does not include a police report...........
Criminal Procedure Code, 1973, Section 482, Wakf Act, 1995, Section 52A -- Quashing of proceedings - Offence u/s 52-A of Waqf Act - Court can take cognizance of offence u/s 52-A IPC only on complaint - Complaint does not include a police report - Order taking cognizance by Magistrate based on police report is bad in law and thus, quashed...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Eviction petition - Petition does not disclose any relationship of landlord and tenant - Petitioners not having consent of other co-sharers who claim that petitioners have no right in the petition premises - More so, in the absence of even a semblance of right to be entitled to rent, petitioners..........
Civil Procedure Code, 1908, Order 38, Rule 5, 10 -- Attachment before judgment - Court can only order attachment of property belonging to defendant - Admittedly, on the date of ordering attachment before judgment, Court was put on notice that property had been sold to petitioner - Court therefore, fell in error in ordering attachment and subsequently, confirming the same..........
