Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Demarcation of boundaries - When there is already survey conducted and boundaries were fixed on basis of Tippon in presence of defendants, there is no necessity for appointment of Advocate Commissioner for demarcating boundaries and noting physical features of suit property - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only averments made in the plaint can be considered or looked into while deciding an application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only averments made in the plaint can be considered or looked into while deciding an application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Agreement in question bears blank columns and has overwriting, which itself shows that to prove the same, evidence is required to be led in the matter - Plaintiff raised several triable issues which require leading of evidence -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Agreement in question bears blank columns and has overwriting, which itself shows that to prove the same, evidence is required to be led in the matter - Plaintiff raised several triable issues which require leading of evidence -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Rejection of plaint for part of plaint for non-disclosure of cause of action is not permissible, as plaint has to be accepted or rejected as a whole...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Rejection of plaint for part of plaint for non-disclosure of cause of action is not permissible, as plaint has to be accepted or rejected as a whole...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Suit for damages on account of murder of her son - Son of plaintiff who is real brother of deceased/victim directed to be impleaded as LR of plaintiff...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court is not required to conduct mini trial at the stage of discharge and/or while exercising powers u/s 482 Cr.P.C. - Court has a very limited jurisdiction and is required to consider "whether any sufficient material is available to proceed further against accused for which accused is required to be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Whether criminal proceedings were malicious or not, is not required to be considered at the stage of quashing of proceedings - Same is required to be considered at the conclusion of trial - At this stage, what is required to be considered is a prima facie case and material collected during course of..........
