Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Civil and criminal proceedings - In certain cases very same set of facts may give rise to remedies in civil as well as criminal proceedings and even if a civil remedy is availed by a party, he is not precluded from setting in motion proceedings in criminal law...........
Criminal Procedure Code, 1973, Section 482 -- Registered sale deed executed under threat and coercion - Quashing of proceedings - Subsequently civil proceedings initiated to set aside sale deed - At times same facts may give rise to remedies both in civil and criminal law - Proceedings in the instant case cannot be quashed as not a single paisa was actually received by..........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Inspection of suit property by Court - Remand of case - Both lower Court and Lower Appellate court have powers to inspect property by invoking O.18.R.18 CPC, apart from taking photograph and videograph of place in question - Lower Appellate Court ought not to have remanded matter to Lower Court, instead case could have been..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Partition suit - Defendant by way of additional written statement wants to withdraw the admission of character of property in original written statement - More so, application filed belatedly after closing of evidence - Order allowing application, set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of property - Local Commissioner should confine himself to only demarcation of properties according to revenue records without expressing any opinion on encroachment which is the judicial function to be performed by trial court on totality of evidence yet to be adduced by the parties - He..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Tenant by way of amendment wanted to raise two preliminary objections - One of preliminary objection was that defendant no.2 has not pleaded about her not owing any premise in same urban area - However, since tenant had already mentioned about her ownership of premises..........
Civil Procedure Code, 1908, Order 30, Rule 1, 4(1) -- Partnership firm - Can be sued in the name of partnership firm itself and it is not necessary to implead all partners...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment or for any other substantial cause, additional evidence can be taken...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Requirement arises in the case to exercise jurisdiction by appellate Court to call for a further evidence to satisfy itself whether purchaser had purchased same land by paying valuable consideration thereof thrice by means of three independent sale..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for perpetual injunction - Plaintiff was in possession of suit property - Defendant claiming right to way through counter claim - There is no specific embargo for filing counter claim in a suit for perpetual injunction - Counter claim rightly allowed...........
