Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition - Proceedings under Motor Vehicle Act - While passing the order, not dealing with stand of opposite party in its objections amounts to perversity and deserves interference - Moreover no opportunity was given to the opposite party to file Additional/Amended written statement in response to the..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption from attachment - Protection afforded u/s 60(1)(ccc) CPC shall not extend to any property specifically charged with debt sought to be recovered...........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint to be read meaningfully and as a whole - Plaint has to be taken to be true - If upon such reading it discloses a cause of action, then application must fail and in case it does not disclose a cause of action then plaint shall be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this stage, Court is not concerned with the correctness of averments...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine the validity of order of Court which had allowed the execution of decree unless Court's order is itself without jurisdiction...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions between parties can be decided by executing Court and these questions are limited to execution of decree - Executing Court can never go behind the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution proceeding works in different stages - If JDs have failed to take an objection and have allowed preliminary stage to come to an end and matter has moved to next stage, JDs cannot raise objection subsequently and revert back to an earlier stage of the proceeding...........