Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is nullity can be subject matter of objection u/s 47 CPC - When there was no such inherent lack of jurisdiction application u/s 47 CPC is not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Dispute regarding signatures has to be determined in the suit and not in execution proceedings - A plea not raised in the suit cannot be permitted to be raised in the execution proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff having alternative equally efficacious remedy - Cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Both parties claiming to be in possession - This question cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Reliance on an unregistered agreement to sell in suit cannot be a ground for rejection of plaint...........
Criminal Procedure Code, 1973, Section 162 -- Statement u/s 162 Cr.P.C. made by a person to a police officer in the course of any investigation under Chapter XII Cr.P.C, which is reduced to writing, is not required to be signed by person making such statement...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Cheating - Involvement of petitioner, howsoever limited, cannot be ruled out at this stage - Trial ought to be permitted to proceed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Rape - No allegation of rape against accused - Only allegation made against him is of making video of occurrence when other two accused were committing rape upon prosecutrix - Moreover,..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Plaintiff neither in his application before trial Court explained that how such documents are relevant for adjudication of issue nor he placed those documents on record before this Court so that same could be examined as in what manner they are relevant for adjudication of dispute between..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Where applicant fails to submit relevancy of documents, trial Court can refuse to exercise its discretion and deny leave to take documents on record...........