Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be proved on record by way of additional evidence are extremely relevant material having bearing on issues involved in the case for determining rights of parties - Application filed by plaintiff U.O.41.R.27 CPC was required to be adjudicated upon by first appellate..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of site commissioner - Partition suit - Court while allowing application specifically directed that inspection of property by taking details of neighborhood, condition and measurements of rooms and walls and also to take photographs and measurements of plot in dispute from all sides based upon which..........
Indian Penal Code, 1860, Section 294(b), 352, 354 -- Offence u/ss 294(b), 352, 354 IPC - False complaint was lodged due to previous enmity between parties - All the independent witnesses turned hostile - There is delay of more than two days in lodging FIR - PW1 had not whispered anything regarding utterance of caste word in public place or utterance of caste word in chief..........
Civil Procedure Code, 1908, Order 23, Rule 1(5) -- Withdrawal of suit - More than one plaintiff - One plaintiff not allowed to abandon suit or part of his claim without consent of other plaintiffs...........
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...........
