Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 20, Rule 18(1) -- Partition suit - Parties resolved dispute qua some of the properties - Court to draw partial decree accordingly in view of the terms and conditions arrived at between parties - So far as remaining properties for which no settlement..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of provision of S.80 CPC - No relief is claimed against public officers - Rather, public officers are arrayed as proforma defendants - Notice u/s 80 CPC is thus, not required - Application for rejection of plaint rightly rejected...........
Civil Procedure Code, 1908, Order 3, Rule 1, Advocates Act, 1961, Section 32 -- Power of attorney holder - S.32 of Advocates Act does not create bar for GPA holder to represent a party as such, if said GPA holder during pendency of proceedings gets enrolled as an advocate...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Doctrine of res judicata is attracted not only in separate proceedings but also at subsequent stage of same proceedings...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Binding decision cannot lightly be ignored and even an erroneous decision remains binding on the parties to same litigation and concerning the same issue if rendered by a Court of competent jurisdiction - Such a binding decision cannot be ignored even on the principle of per incuriam because that principle applies to..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Long complicated and confusing question was put to accused - Even though accused admitted such question, but in absence of substantive piece of evidence in Court regarding identification of accused, answer given by him cannot held to be sufficient to prove charges - Accused acquitted...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Omission of question regarding incriminating circumstances, which has caused prejudice is not curable...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial dispute - Convenience of wife has to be seen more in matrimonial cases - Request of wife can be declined only if there are weighty reasons behind the same...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Rejection of plaint - Dismissal of application - Civil Misc. Appeal U.O.43.R.1(u) CPC is not maintainable thereagainst...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness - A witness cannot be summoned to let in evidence not supported by pleadings...........
