Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff in rebuttal evidence was allowed to examine handwriting expert - Plaintiff got receipt examined from handwriting expert - Now he is required to prove the same - Such evidence could be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of application - Revision petition thereagainst - Grounds taken in revision petition were neither raised in the application filed U.O.7.R.11 CPC nor were argued before concerned Court - Grounds now raised not grounds to be dealt with at the stage of deciding application U.O.7.R.11 CPC -..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint and return of plaint - A plaint cannot be both rejected and returned at the same time - These two actions have distinct purposes under law...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - FIR disclosed nothing more than a commercial relationship which broke - Dispute involved appears to be of civil nature for which continuation of criminal proceedings cannot be allowed - None of ingredients of any of offences complained against..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Appellate Court apart from recording its concurrence to findings recorded by trial Court has not assigned any reason in support of its conclusions - Being final Court of fact, it is duty of appellate Court to re-appreciate the evidence independent of findings recorded by trial Court and..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Issues not framed by trial Court - However, on the basis of pleadings of parties, trial Court rightly framed point for determination - Since point for determination was framed, there was no illegality in not framing issues...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Numerous opportunities given to plaintiff by trial Court to lead evidence but plaintiff failed to appear himself before trial Court - Trial Court rightly closed evidence of plaintiff and rightly came to conclusion that his evidence could not be read - Trial Court and first appellate..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Commercial suit - Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - If suit is instituted on or after 20.8.2022, without complying with S.12-A of Commercial Courts Act, then it must meet with rejection U.O.7.R.11 CPC, either on an application by..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Suit for specific performance - Issue as to whether plaintiffs are entitled for possession of subject matter of agreement without partition amongst other brothers and mother of petitioner, is a mixed question of law and fact - Unless plaintiffs proves readiness and willingness, no decree for..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, 10 -- Rejection of plaint - Application partly allowed and plaint ordered to be returned - Plaint was reinstituted with the same facts and no new facts were introduced - An application u/s 151 CPC was filed for taking and admitting the same plaint alongwith certain invoices, bills, vouchers etc. showing conferring..........
