Criminal Procedure Code, 1973, Section 190, 482 -- Order taking cognizance of offence - Quashing of order - Allegation of obtaining forged sale-deeds by accused in order to grab property of complainants - As per evidence on record, allegations levelled in complaint are purely of civil nature and constitute civil dispute which has been given colour of criminal case - Even,..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional pleading - Not restricted to subsequent pleading by way of defence to set off counter claim only...........
Stamp Act, 1899, Section 33, 35(As -- Impounding of document - Agreement to sell - Not duly stamped - Agreement to sell drafted on plaint paper - Not within purview of documents not duly stamped - Document cannot be impounded U.O.13.R.8 CPC. (Civil Procedure Code, 1908, O.13.R.8)...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Execution - Auction sale - Sale conducted ignoring the mandatory provision of O.21.R.64 CPC - Sale is without jurisdiction - For that leave about the bar of limitation to file application after 2 months U.O.21.R.90 CPC, as it is not applicable...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Mere fact that earlier JD or somebody to the attachment of property raised objection and petition was dismissed for default, is not a bar to impugn the sale...........
Civil Procedure Code, 1908, Order 21, Rule 58, 90 -- Execution - Right of auction purchaser (be it DH/auction purchaser or third party auction purchaser) - Arises only on confirmation of sale and till then, his right is nebulous and has only a right to consider for confirmation of sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - For invoking of provisions O.21.R.90 CPC, there must be plea and proof as to injury suffered by objectors to auction sale (be it JD or any person claiming through or otherwise) in showing the said sale arising out of alleged material irregularity or fraud...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Keeping JD totally ignorant of execution proceedings, vitiates the sale...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Execution - Auction sale - Setting aside - Distress sale cannot be considered as fraudulent, much less to attribute anything of fraud and collusion between DH and auction purchaser in the absence of showing anything by JD...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Object - Every party to suit should state in its pleadings material facts in intelligible form without causing embarrassment to its adversant - Thus, power to strike out pleadings is extraordinary in nature and must be exercised by Court with extreme care, caution and circumspection...........
