Criminal Procedure Code, 1973, Section 294 -- Framing of charge - Permissibility to produce documents on record obtained under RTI Act - No absolute bar to consider relevant documents produced by accused at this stage - However, defence of accused not to be considered at the stage of framing of charge...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........
Criminal Procedure Code, 1973, Section 197(3) -- Public servant - Sanction for prosecution - Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Crime registered against petitioners does not include sections referred to in S.197(1) Explanation Cr.P.C. - Acts performed by petitioners in discharge of their official duty and are reasonably connected with their official..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Agreement to sell - Withdrawal of injunction suit and subsequently filing suit for specific performance - Withdrawal of injunction suit by making statement that "I withdraw the present suit. I will file suit for specific performance' - Withdrawal of suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of O.2.R.2 CPC - Where it is not apparent from the averments made in plaint that suit is hit by O.2.R.2 CPC, same has to be proved on the side of defendant by producing the pleadings and evidence adduced in earlier suit and plaint cannot be rejected at the threshold stage - Suit whether hit by..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit U.O.9.R.3 CPC - Subsequent suit - Where earlier suit was dismissed for no, appearance of both the parties, plaintiff can bring fresh suit as per O.9.R.4 CPC and O.9.R.9 CPC would not act as a bar to subsequent suit...........
Advocates Act, 1961, Section 35 -- Bar Council of India Rules, Part VI, Section II, Regulation 33 - Professional misconduct - Appearing for and against the same client - Plea of difference of nature of two proceedings - Held, it amounts to professional misconduct when property involved in both the cases is same...........
Advocates Act, 1961, Section 35 -- Bar Council of India Rules, Part VI, Section II, Regulation 33 - Scope of Regulation 33 - Rule restrains a lawyer from acting for another client on the ground of conflict of interest as duty of lawyer owed to his former client, not to act prejudicially to his interest, does not come to an end with termination of earlier case of his client..........
Mineral Concession Rules, 1960, Rule 29(1) -- M.L. No.2010 lapsing on 27.03.2001 - M/s.Dalmia, while surrendering M.L. No.2010 specifically stating that it may be determined on an earlier date, before expiry of 12 months - M/s.Dalmia surrendering the Lease deed book - Paying arrears of rent and obtaining no due certificate - No specific bar that State Government should..........
