Civil Procedure Code, 1908, Order 23, Rule 1(5) -- Withdrawal of suit by one out of several plaintiffs - If one of several plaintiffs having independent right to relief and which is severable from the right claimed by the other plaintiff(s) seeks to abandon his claim in the suit once and for all without reservation and such abandonment does not affect the right to relief..........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Second application for amendment - Res judicata - Second application for amendment containing same relief which was proposed in first application, is barred by principle of res judicata...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa), 372 -- Dishonour of cheque - Complainant in a case u/s 138 of N.I Act is not a victim u/s 2(wa) Cr.P.C and therefore not entitled to file an appeal u/s 372 Cr.P.C against acquittal of accused...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC, would apply only in cases where whole of subject matter in both the suits is identical...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC referable to a suit instituted in civil Court and it cannot apply to proceedings of other nature instituted under any other statue...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC, will not apply if a few matters in issue are common rather same would apply if entire subject matter in controversy is same...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Issue regarding Will and lease deed is not framed in earlier suit - Since matter relating to Will and subsequent lease deed is not directly and substantially in issue before Court in earlier suit, subsequent suit filed by plaintiff is not barred by S.10 CPC - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner at the stage of second appeal - Boundary dispute - Report of earlier Local Commissioner vague and contrary - Local Commissioner could have been appointed by High Court but as it will cause denial to parties to their right to assail report or findings returned on basis of such report as such..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife has given the evidence with regard to photographs taken at the time of their marriage and her evidence in this regard was not at all shaken during cross-examination - Birth certificate of child shows husband as father of the child - Even, husband refused to go for DNA test to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband is getting monthly salary of Rs.50,000 and he is owing 11 houses and getting Rs.90,000 as rent - He has not specifically disputed factum of owing houses and leasing out the same to third parties - Considering the economic status of parties, fixation of monthly maintenance at Rs.10,000 each..........
