Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by S.12-A of Commercial Courts Act - On the basis of pleadings in the plaint, documents filed therewith, as also on the basis of pleadings in the application for interim reliefs, plaintiff has indeed made out enough grounds to demonstrate that it does contemplate urgent interim reliefs - Plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by S.12-A of Commercial Courts Act - On the basis of pleadings in the plaint, documents filed therewith, as also on the basis of pleadings in the application for interim reliefs, plaintiff has indeed made out enough grounds to demonstrate that it does contemplate urgent interim reliefs - Plaint..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application rejected by trial Court on the ground that no reason has been given as to why documents could not be produced earlier at the time of filling of suit - Trial Court is proceeding in a totally unjustified and hasty manner without making any real effort to afford due opportunities to parties..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Family Court decided the matter based on affidavit of assets and liability filed by wife, whereas, husband had not filed any affidavit of his assets and liabilities - There is clear discrepancy between parameters of income and liabilities taken into consideration by Family Court and documents placed on..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree - Petitioner claimed to be transferee of property by a tenant who was ousted by decree of eviction - Title of decree holder is not disputed by petitioner - Documents produced by petitioner do not give any conclusive proof of title to sustain possession of petitioner so as..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant as a witness - Previous counsel of accused failed to put some questions as well as some documents to complainant - Relevance, admissibility and reliability of any such question or document was supposed to have been spelt out by accused so as to enable Court to evaluate the requirement of recall of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, only averments made in plaint and documents produced along with plaint are required to be seen - Defence of defendant cannot be looked into...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed documents submitted in defence cannot be considered at the stage of considering application for quashing of proceedings, as jurisdiction u/s 482 Cr.P.C cannot be exercised to hold mini trial at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Liberal approach can be adopted to give permission to petitioner so as to allow all necessary evidence to be placed before Court for adjudication of matter on merits rather than preventing the evidence on technical grounds - Application allowed...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Supply of case diaries/police file maintained by police during initial stages of investigation was untenable due to statutory disentitlement provided in S.172(3) Cr.P.C - Application rightly rejected...........
