Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Agreement to sell - At the stage of execution of an agreement to sell, question of handing over of original documents would not arise - Even if allegation is taken to be correct, by no stretch of imagination can it be said that by not handing over original document of ownership..........
Civil Procedure Code, 1908, Order 41, Rule 6 -- Stay of execution - Petitioner filed appeal during pendency of execution of judgment and decree - However, property of petitioner is attached which amounts to security in execution - Once property of petitioner is attached, he cannot alienate or sell the same - Further on the day of dismissal of application U.O.41.R.6 CPC,..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Incorrect findings cannot be challenged by way of review petition - Only remedy in the said aspect available is appeal...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Under garb of review petition, applicants cannot be allowed to re-argue the case as review Court cannot sit in appeal over its own decision...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of final arguments - Plaintiff sought to produce an excerpt (Intakhab) to prove ancestral nature of suit land - Document essential for just and proper adjudication of matter - One effective opportunity is granted to petitioner to produce the document in question subject to payment of costs of..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court lacking jurisdiction - Trial Court dismissed the suit - Impugned order set aside - Trial Court directed to return the plaint for presentation before Court of competent jurisdiction...........
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, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - When claim petition was presented, trial Court returned the same with an office objection - Instead of representing the petition and invite an order from executing Court, petitioner hastened..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - Litigant who files a petition before executing Court and upon being returned with observations regarding its maintainability, cannot directly invoke jurisdiction of Court u/art 227 of..........
