Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pendency of proceedings u/s 14 of Insolvency and Bankruptcy Code (IBC) does not bar the proceedings u/s 138 of N.I Act, as proceedings under IBC are civil in nature and proceedings u/s 138 of N.I. Act are criminal in nature...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Not a boundary dispute - Demarcation in respect of suit property was already conducted - Unless demarcation order once passed in accordance with provisions of Land Revenue Act is set aside or there are allegations of encroachment or change of boundaries after previous demarcation, fresh..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court has to look into the plaint averments and documents filed along with plaint but not the averments in written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Plaint averments contains proper cause of action which does not per se disclose that suit is barred by limitation - Application rightly rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - For deciding the issue involved in the suit, same could be decided even in the absence of petitioner - Therefore, he could not come within the definition of necessary party - Though, petitioner happens to be a proper party as he pleads that suit property is part of property..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Partition suit - Serious triable issues arise in the case which need to be determined in the course of trial - Creating third party interest inducting third party by way of sale or otherwise would complicate the matters further - Preservation of property as it exists is therefore necessary and in the..........
Civil Procedure Code, 1908, Section 9, Kerala Land Conservancy Act, 1957, Section 20 -- Civil suit - Jurisdiction of Civil Court - Bar under Act of 1957 - For bar to apply the civil suit instituted would have to be against an order passed by the competent authority under this Act in respect of unauthorised occupation of Government land...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Jurisdiction u/s 100 CPC is to be exercised only when Court is convinced that dispute involves substantial question of law and in the absence of same proceedings rendered as patently illegal...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Notwithstanding deletion of O.18.R.17-A CPC, Court has inherent powers to permit parties to lead additional evidence on such terms as may appear to be just...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit for partition - Dismissed in default - Subsequent suit - Cause of action in a suit for partition is recurring one - Bar of O.9.R.9 or O.22.R.9 CPC is not applicable to subsequent suit for partition...........
