Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power and scope of review jurisdiction Viz: (i) Ground of discovery of new and important matter or evidence is a ground available if it is demonstrated that, despite exercise of due diligence, this evidence was not within their knowledge or could not be produced by party at the time, original decree or..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners claimed that prior agreement to sell was executed in their favour before execution of present agreement to sell - Certain portions of land are also stated to have transferred to them by way of different sale deeds - Some litigation is stated to be pending..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Informant/victim was not notified about bail application - There is factually a denial of right to victim to participate in proceedings which is recognized u/s 483(2) BNSS - Order granting bail suspended for three weeks - Opposite party no.2 is directed to surrender before trial Court and..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where executing Court declines to entertain a claim or objection against attachment of property U.O.21.R.58 Proviso CPC, remedy of aggrieved party lies in instituting a suit and not in seeking a revision...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where party is denied an opportunity to adduce material evidence in support of its claim, order returning claim petition with an office objection, is liable to be set aside - Matter remitted to executing Court for fresh consideration of claim petition after affording both parties a fair and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court has power and jurisdiction to suit or non-suit a party on adduced pleadings, issues and evidence, but not on a totally new and unexpected case, more particularly at the stage of S.100 CPC...........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Partition -- Plaintiff had no knowledge about execution of partition deed of 1990 as alleged by defendants - Moreover, plaintiff is not a party to said partition deed - Courts below has rightly held that defendants failed to establish that plaintiff has received a sum of Rs.10,000 towards her share - As regarding plea of ouster taken by defendants, in the absence of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Modification of a complaint may be permitted where cognizance has not yet been taken and alteration does not alter the essential character of complaint, defect sought to be rectified is one which can be cured through a formal amendment and where such modification does not result..........
Constitution of India, 1950, Article 136 -- Special leave petition - Exercise of jurisdiction u/art 136 of Constitution being discretionary in nature, any suppression by a party approaching Court for seeking relief u/art 136 of Constitution is a grave and serious reason for declining to exercise jurisdiction in the matter - Special leave petition dismissed...........
