Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, Court is not required to take into consideration the defence set up by defendant in the written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Prima facie plaintiffs have shown that there is a cause of action for filing suit - Case of defendants does not fall within the grounds enumerated in O.7.R.11 CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Application U.O.7.R.10 CPC at the instance of defendant - Not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Application at the instance of defendant is not maintainable - However, defendant is entitled to take a defence as regards lack of jurisdiction which would have to be considered by Court on merits in terms of applicable law including S.20 CPC either after trial or as..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Direction issued to mandatorily mention in the application filed for grant of bail the following details viz. : (1) Details and copies of order passed in the earlier bail application filed by petitioner which have been already decided; (2) Details of any bail application filed by petitioner, which is pending in any..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, High Court cannot examine that allegations leveled in the FIR are false...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, High Court cannot examine contention of accused regarding false implication, as that will be decided by trial Court after parties have availed opportunity to lead their respective evidence...........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Certificate of registration duly signed by wife clearly carries declaration that marriage was solemnized - There is no reason to disbelieve said documentary evidence of marriage and clear cut declaration therein - Therefore, bald oral assertion in absence of any cogent evidence cannot be accepted - Application u/s 11..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to amended plaint - Condonation of delay - Written statement to amended plaint raising certain formal issue is sought to be filed - Entire case will not be reopened for fresh trial - Once the defendant already filed written statement to unamended plaint in which certain formal issues were raised later on,..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court can dismiss an execution application if decree put to execution is unmistakably found to suffer from an inherent lack of jurisdiction of Court that made the same rendering it a nullity in the eye of law...........
