Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Production of documents - After closure of evidence by both the sides - No good cause shown to the satisfaction of Court for not filing documents on or before the statement of issues - Ignorance of plaintiff would not provide sufficient excuse for delay in making application, as S.151 CPC cannot be used for..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witness for further cross-examination - Defendants sought further cross-examination of PW2 by confronting a `notarized declaration' said to be made by her - However, defendants failed to file such application at the appropriate stage - Even defendants failed to show that application is intended to..........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Section 151 -- Recall of an order - Order closing opportunity to cross-examine plaintiff - Cross-examination of plaintiff closed after several opportunities were granted to defendant - Recalling order and further giving opportunity to cross-examination would certainly amount to abuse of judicial process and would..........
Civil Procedure Code, 1908, Section 151, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Suit for recovery of money - Mistake of Court - On compromise for settlement, award of Lok Adalat becomes final - But instead of passing award as per memo, Lok Adalat Committee by mistake took civil dispute as criminal compounding case - Mistake committed is..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off plaint - Abuse of process of Court - Filing of successive suit, suppressing filing of earlier suit and grant of interim injunction - Amounts to gross abuse of process of Court - Plaint of second suit struck off...........
Civil Procedure Code, 1908, Section 100 -- Second appeal -Suit property bequeathed by Will and not transferred for consideration - Show cause notice - Defendant issued a show cause notice on the ground that `P' had sold and transferred suit property to plaintiff - There is no transfer of suit property for consideration but by a Will deceased bequeathed suit property to her..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Cannot be treated as `res judicata' but if same thing has been pleaded then that may be treated as an abuse of the process of Court and the application can be rejected on that ground...........
Civil Procedure Code, 1908, Section 35, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 118 -- Imposition of costs - Frivolous litigation - An no, agriculturist cannot purchase land in Himachal Pradesh without prior permission of State - Authorities directed him to produce required documents in specified time - But instead of filing requisite document, he..........
Constitution of India, 1950, Article 136, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Special Leave Petition - Maintainability - RUIAS agreed not to prosecute the suits against MGG - Continuance of SUITS-II and III is without any cause of action and an abuse of the judicial process - Therefore, no cause of action insofar as MGG and its officers, neither..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Indian Penal Code, 1860, Section 498A -- Quashing of proceedings - Offence u/s 498A IPC - Compromise between parties - Parties resolved to withdraw all civil and criminal cases of any nature against each other - Continuation of proceedings against husband in such case would be sheer abuse of process of law -..........
