Civil Procedure Code, 1908, Section 151, 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Wife executed power of attorney in favour of her husband out of principal and agent relationship and not on the basis of marital relationship - S.7 of Family Courts Act does not apply to case - Civil Court thus, have..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 9 -- Trust - Mis-joinder or no, joinder of parties - When property is owned by trust suit for recovery of property filed by trustees in interest of trust cannot be said to be barred by no, joinder of parties...........
Indian Penal Code, 1860, Section 427, 452, 323, 506, 34 -- Offence u/ss 427, 452, 323, 506, 34 IPC - Material contradictions and inconsistencies found in statements of PWs - Prosecution story appears to be doubtful and untrustworthy - All the PWs given all together different version regarding infliction of injuries on complainant and his son - More so, PW3/son of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Cause of action for the two suits different and distinct - Evidence to support the relief in two suits also different - Provision of O.2.R.2 CPC does not apply...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action as alleged in subsequent suit for possession and in earlier suit for permanent injunction not same - There is nothing to show that in earlier suit plaintiffs intentionally relinquished any portion of their claim for reasons that suit was only for injunction and plaintiffs therefore are..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of application - Proceedings are quasi civil and quasi criminal - Amendment sought is only for addition of minor children in the petition and that does not make any difference in the nature of application - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution - Setting aside ex parte order passed in execution petition - Application has to be filed within 30 days from the date of order and not from the date of knowledge...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - Where a power is to be exercised by civil Court under an express provision, inherent power cannot be taken recourse to...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Valuable right of hearing on basis of principle of natural justice is conferred upon tenants and that right includes also right to adduce evidence in defence and due consideration thereof by a Court of law...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Before taking a final decision for striking off defence, Court must apply its mind to all facts and circumstances appearing in the case and if finds good reasons, it may decline to order striking off defence...........
