Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the earnest money - On expiry of..........
Civil Procedure Code, 1908, Order 41, Rule 1, 22 -- Appeal - Non consideration of cross objections while deciding appeal - First Appellate Court manifestly erred in not considering cross objections - It is a serious error, which may cause serious prejudice to legal rights of defendants - Impugned judgment set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Leave to appeal - It is granted only where it is shown that conclusions arrived by trial Court are perverse or there is misapplication of law or any legal principle - Mere possibility of another view or another conceivable view cannot be basis to grant leave...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleading of a party and consequential amendment of plaint - Impleading of one of the legal representatives of deceased vendor - Defendant in written statement had taken a plea that suit is bad for non joinder of such legal representative - Proposed party is necessary party to..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Non-framing of point of determination - No reason given while dismissing appeal or why such judgment was passed without framing point of determination or without deciding main point to be determined on point of identifiability of disputed property - Non speaking order - Such order cannot be accepted as a..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of sole defendant - Substitution of LR's - Court permitted substitution of all legal heirs including widow of deceased defendant - However, petitioner challenged substitution of other legal heirs on the ground that deceased defendant left a Will bequeathing all his properties in her favour - Since petitioner has also..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431 -- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal - Does not discharge him from liability - Legal heirs who inherit property of offender are legally liable for..........
Civil Procedure Code, 1908, Order 10, Rule 1 -- Admission or denial of documents - After completion of pleadings by way of filing plaint and written statement, Court is under legal obligation to call parties to admit or deny documents - Impugned order dismissing application, set aside with a direction to proceed further on the basis of pleadings as per provisions of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques issued towards repayment of loan amount - However, cheques were drawn on account maintained by accused No.3, a proprietorship concern/Hospital - Prima facie material on record shows that applicant and co-accused had applied and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Necessary party - Partition suit - Sisters of appellant being legal heirs are proper and necessary parties for adjudication of suit - There is no bar to implead them even at the stage of final decree proceedings - Application allowed...........
