Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 379 -- Quashing of proceedings - Offence u/ss 323, 341, 379 IPC - Main allegations in complaint are with respect to partnership firm - Partner of partnership firm not made any complaint - One of accused is partner of partnership firm - Allegations in complaint are with respect to..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Plea of petitioner is that sale being defective on account of non-deposit of 25% of auction price at the time of sale - Held, non-sustainable - Petitioners cannot now be permitted to question sale on any ground which was available for them to be challenged before date of sale -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance on the basis of unregistered agreement to sell is maintainable - Order rejecting plaint, set aside...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Plea of decree holder/tenant that no new document can be taken into account by executing Court - Boundaries of demised premises had been mentioned by decree-holders/landlord in petition for eviction which has been allowed - If site plan has been produced before executing Court in terms..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 119 days - Plea that summons were served but same mingled with other papers due to which defendant could not appear in the case - During pendency of execution proceedings, substantial amount paid - Delay condoned - Ex parte decree set..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - While deciding application it cannot be decided as to whether schedule mentioned property is joint family property or self acquired property which can only be decided by conducting full fledged trial - Rejection of application, set aside...........
Civil Procedure Code, 1908, Section 151, 141, Order 7, Rule 11 -- Rejection of miscellaneous application - It is only the plaint which can be rejected and not the application - Miscellaneous applications are to be determined on merits...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Tenable only if appeal is validly tenable...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objection - Even if original appeal is withdrawn or is dismissed in default and party had submitted that they were not interested to revive the appeal, cross-objections are to be decided on merits and in accordance with law...........
Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Award passed by Motor Vehicles Tribunal - Appeal by Insurance company - Cross-objections by claimants - Entire award awarded by Tribunal was challenged by Insurance Company - Claimants were also impleaded as party respondents to said appeal -..........
