Civil Procedure Code, 1908, Section 11 -- Res judicata - Civil and criminal proceedings - Admission made in criminal proceedings u/s 145 Cr.P.C. - Would not operate as res judicata, as a judgment of criminal Court in summary proceedings is not binding upon civil Court - Even otherwise, Court exercising jurisdiction u/s 145 Cr.P.C. is not competent to decide questions which..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Local Commissioner - Ascertainment of illegal construction raised by defendant - Record demonstrates that defendant raising construction as per bye laws and norms of Municipal Council - Moreover, Municipal Council has issued notice with respect to certain deviations - Existence of deviations on the spot is a..........
Civil Procedure Code, 1908, Section 20(c) -- Suit for recovery - Cause of action - In contractual matters part of cause of action arises where either contract is executed or contract has to be performed or where payment has to be or is made or where breach occurs with respect to contract...........
Civil Procedure Code, 1908, Section 20(c) -- Suit for recovery - Territorial jurisdiction - Cause of action - Non payment of price of goods - Cheque issued by defendant at Delhi and realized at Delhi - Therefore, once payment is made at Delhi, Courts where payment is made is Court where part of cause of action arises, thus, Courts at Delhi has jurisdiction to try suit u/s..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court - Compliance of O.41.R.31 CPC - All issues framed by trial Court duly adverted to in appeal, which is substantial compliance of mandate of O.41.R.31 CPC, even though differently worded points for determination have not been framed by First Appellate Court - Moreover, judgment of first Appellate Court is..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Where institution of suit itself was before an incompetent Court, question of transfer u/s 24(5) CPC does not arise at all - It is open for plaintiff to plead for return of plaint U.O.7.R.10 CPC before Court concerned for its presentation to proper Court - Application dismissed...........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Second appeal - Maintainability - Order rejecting application for condonation of delay in filing appeal - Said order is decree - Open to challenge in second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appellate powers - Appeal questioning decree granting relief of right, title, possession - Neither of parties or counsel appeared on date fixed for hearing - First Appellate Court decided the appeal on merits and granted the relief prayed for - Statutory provisions only empowers First Appellate Court to dismiss appeal for..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - S.10 CPC projects only stay of trial of suit in which matter in issue is also directly and substantially in issue in previously instituted suit between same parties - Provision does not prevent or bar Court from passing incidental orders required to meet ends of justice - Thus, any incidental orders not affecting..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court - Neither points framed for determination nor recorded reasons based on evidence led by parties while reversing judgment of trial Court - Judgment of First Appellate Court, thus, contrary to provision of O.41.R.31 CPC and same set aside - Appellate Court directed to formulate points of determination..........
