Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Application at the instance of defendant is not maintainable - However, defendant is entitled to take a defence as regards lack of jurisdiction which would have to be considered by Court on merits in terms of applicable law including S.20 CPC either after trial or as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Jurisdiction of Court - If at this stage Court is of the opinion that suit is barred by law or is otherwise not maintainable, it cannot dismiss it without framing a preliminary issue after written statement is filed but interim relief can be refused - However, in case of extraordinary situation Court may..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court should allow amendment in the pleadings in a liberal manner where a case is at a preliminary stage...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Divorce petition - Jurisdiction of Court - Objection as raised by defendant goes to the root of jurisdiction of Court as such it would be adequate and proper that said issue is decided as a preliminary issue - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Appellate Court can remand a case against a decree of lower Court disposed of otherwise on a preliminary point if decree is reversed in appeal and retrial is considered necessary not otherwise...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order at the preliminary stage without affording parties opportunity of adducing evidence will result in finality and trial Court will be ousted from weighing material evidence which would result in accused being given un-merited advantage - Petition for quashing dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection/return of plaint - Deficient Court fee - Valuation of suit property is mixed question of fact and law - Even, valuation of property is subject matter of trial and upon determination of exact value thereof exact quantum of Court fee can be arrived at - Moreover, since valuation itself is disputed by defendant, it..........
Criminal Procedure Code, 1973, Section 156(3) -- FIR - Preliminary inquiry before registration of FIR - If application u/s 156(3) Cr.P.C does not discloses cognizable offence per se, but it is indicative of commission of some cognizable offences, Magistrate has discretion to direct a preliminary inquiry before directing registration of FIR...........
Partition -- Preliminary decree - Challenged by purchaser from one of the co-sharers that his rights are adversely affected as he has spent huge amount in raising construction - Appeal was dismissed but a direction was issued to demolish the construction on the suit plot forthwith - Demolition of already constructed buildings may not be in the interest of any of the..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
