Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - Court has to apply its mind at the time of framing charges not in great detail but by providing brief reasons in support of its opinion...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for declaration and specific performance - Once it appears from material on record that lease agreement between parties is determinable in its nature, in the face of provisions contained in S.14(d) of Specific Relief Act no specific performance of contract of lease agreement can be granted by..........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Where any petition is dismissed in default, that cannot be termed as judgment - Application for restoration or recall of order is maintainable against such order dismissing petition and prohibition of S.362 Cr.P.C. do not apply...........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Prohibition of S.362 Cr.P.C. is absolute and when judgment has been signed even High Court in exercise of its inherent power u/s 482 Cr.P.C. has no authority or jurisdiction to alter or review the same...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them - Therefore, procedure under Section 313 CrPC is to be followed which provides accused an opportunity to explain such incriminating..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Abandonment of part of claim - Partition suit - Plaintiff admitted in plaint that item-II of suit property is a joint family property - He cannot now turn around and say that he has no intention to include said property and has no intention to proceed with the same - Affidavit is silent for what reasons plaintiff intends to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue as to limitation is a mixed question of law and fact, which cannot be adjudicated in an application U.O.7.R.11 CPC...........
