Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - General rule is that party on whom burden of proof lies should begin...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Plaintiff and defendants have filed separate suits in respect of same property and both the suits were clubbed - Since the plaintiff's suit is earlier in point of time and that defendant's suit is clubbed with plaintiff's suit, as such plaintiffs were rightly directed to lead evidence first...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Permission to go abroad - Cheating - Dispute is about a loan of Rs.11 crores for which Promoters/Directors have already mortgaged 26 acres of factory land and a 8 kanal house in Chandigarh and thus interest of..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Where there are different transactions, different crime numbers and cases have been decided by different judgments, concurrent sentence cannot be awarded u/s 427 Cr.P.C...........
Criminal Procedure Code, 1973, Section 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23, 21, 29, 21(c) -- Concurrent running of sentences - Conviction of accused in two cases under NDPS Act - Accused convicted by two different Courts in two different trials for offences with respect to different transactions - Judgment in both the cases delivered one..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, trial Court is only to look at the pleadings in the plaint, as uncontested by defendant, to see if the cause of action is disclosed in pleadings of plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Merits of case, veracity of pleadings or sustainability of claim of plaintiff is not to be assessed at the time of decision of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for permanent injunction - Plaintiffs have claimed themselves to be co-owner and to be in possession of a portion of property with a further assertion that defendants are trying to dispossess them of same illegally - Plaint thus, shows a cause of action as claimed..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While disposing discharge application, Court below may not appreciate the defence of accused, as same should be appreciated at the stage of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While disposing discharge application, application of mind should be reflected, as Court is not to act as mere post office...........
