Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to Court fee - Only in cases where question of payment of court fee affects the very pecuniary jurisdiction, it is necessary for court to investigate, examine and then decide it as a preliminary issue - In other disputes relating to court fee, it should be left to the discretion of court either to..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Preliminary objections and additional pleas taken by defendant in his written statement - Same are required to be controverted by plaintiff by way of filing rejoinder - Application allowed...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court of first instance, if disposes of a suit on a preliminary point, provision of O.41.R.23 CPC enables appellate Court to remand case to Court of first instance for determination of such suit on merits...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Refusal to entertain plaint by rejecting the same on any of grounds U.O.7.R.11 CPC, is not an order disposing suit on preliminary point - Therefore, in setting aside said order and directing trial of suit on merits, appellate Court does not exercise power U.O.41.R.23 CPC...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Conducting or not conducting preliminary inquiry is the domain of I.O on which basis FIR cannot be quashed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No claim made against defendant No.2 in the suit - Counsel of defendant No.2 failed to point out as to how he will be prejudiced by order of proceeding ex parte against him - Moreover, case is at the stage of arguments - By allowing application of defendant, case would have to be taken to..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Preliminary issue - Issue of limitation if not a pure question of law, cannot be decided as preliminary issue U.O.14.R.2 CPC...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry - Not permissible when offence discloses cognizable offence - Registration of FIR is mandatory if information disclosing cognizable offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 24, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1,37,665 tablets weighting 90 kgs - Bail - Large number of tablets were recovered from accused - However, prosecution cannot be heard to state at this preliminary stage that accused have been found to be in possession of commercial..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary enquiry before registration of an FIR in corruption cases - Not mandatory in all cases...........
