Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of fact and law - Trial Court rightly deferred the issue of limitation to be considered after framing of issue and recording of evidence of parties - Application for rejection of plaint rightly dismissed...........
Precedent -- A judgment is a precedent for issue of law that is raised and decided...........
Passport Act, 1967, Section 5(2)(c) -- Refusal to issue passport - Passport Authority has power to refuse to issue passport or a travel document then it has to record in writing and brief statement or reasons for making a such order...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cause of action and claim introduced and set up by way of proposed amendment clearly barred by limitation - Even otherwise plaintiff were precluded from raising the same issue which was already decided in first suit - Order allowing amendment set aside...........
Tender -- Termination of concession agreement - Disqualification/ineligibility for purpose of participating in any other tender issued by public authorities - Concession agreement between parties was terminated by authority - However, issue of termination of concession agreement is subject matter of dispute pending before Arbitral Tribunal - Petitioner has undertaken not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in applying amendment alone is not a ground to disallow prayer of amendment of pleadings - Where aspect of delay is arguable, prayer for amendment could be allowed and issue of limitation framed separately for decision...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of jurisdiction raised by defendant is a mixed question of law and facts - Trial Court already framed issue to decide jurisdiction of Court to try dispute between parties - For the purpose of said issue, both the parties would have opportunity to lead evidence if necessary - Moreover, disputed..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Where two suits are pending before Courts of two separate jurisdiction relating to two separate cause of actions, where subject matter also relates to two separate type of properties merely because one issue regarding Will is common and would have the material bearing, would not attract provisions of S.10..........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
