Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(d), Limitation Act, 1963, Section 12(1), Article 19, General Clauses Act, 1897, Section 10 -- Promissory note - Suit for recovery - Limitation - In computing limitation date on which promissory note executed shall be excluded - Court holiday on the last day of limitation - Suit filed on the first day of opening of..........
Civil Procedure Code, 1908, Section 35A -- Costs - Vexatious application for rejection of plaint on the ground that suit is barred by law of limitation - Exemplary costs of Rs.10, 000/- imposed...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Suit for restitution of conjugal rights - Withdrawal of suit without permission to institute fresh suit - Counter claim by wife of restitution of conjugal rights in a suit or dissolution of marriage by husband is barred U.O.23.R.1(4) CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Injunction suit filed when cause of action to file suit for specific performance had accrued - Subsequently suit for specific performance filed - Held, suit for specific performance filed is barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3 -- Compromise decree - Appeal against consent decree is barred u/s 96(3) CPC...........
Criminal Procedure Code, 1973, Section 468 -- More than one offence - Joint trial - Limitation - Held, in view of S.468(3) Cr.P.C. cognizance of an offence can be taken by Magistrate taking into consideration that it is a case of joint trial then limitation prescribed for offence which is punishable with highest punishment has to be considered - Question of limitation is..........
Civil Procedure Code, 1908, Section 11, 115 -- Res judicata - Estoppel - Applicability - Earlier suit dismissed for default - Held, subsequent suit cannot be held to be barred by res judicata, estoppel or acquiescence...........
Criminal Procedure Code, 1973, Section 397(1), 397(3), 482 -- Second revision - Bar as to - Exercise of inherent powers - Held, when a revision has been barred u/s 397(3) of the Code, complainant or accused cannot be allowed to take recourse to revision before High Court u/s 397(1) of the Code as it is prohibited u/s 397(3) thereof - However, High Court can entertain a..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Scope of S.197 - Held, cognizance of any offence, by any court, is barred by S.197 of the Code unless sanction is obtained from appropriate authority, if offence, alleged to have been committed, was in discharge of official duty - Section not only specifies persons to whom protection is afforded but..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Civil Procedure Code, 1908, Section 11 -- Second application u/s 7 of the Act - Not barred by principle of res judicata - Doctrine of res judicata is not applicable to summary proceedings - Dismissal of earlier petition u/s 7 of the Act does not bar subsequent petition...........
