Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issues - Not mandatory that formal issues must be framed by execution Court before deciding an execution application or objections filed thereto...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Partition suit - Where petitioners/legal heirs of one of JDs allowed preliminary decree as also final decree passed to become final, specifically in presence of their counsel, with a written statement also filed by them in reply to application seeking a final decree of partition, execution Court could not..........
Indian Penal Code, 1860, Section 302 -- Murder - Property dispute between parties - Case rests on three eye witnesses - Court discarded the testimonies of three eye witnesses on the ground that they were not reliable, though facts of case shows that they had better motive to get rid of deceased - These eye witnesses had filed a civil suit against deceased for her..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To produce original Will, primary evidence - Appellate Court to permit production of any document, which would help Court to pronounce judgment or for any other substantial cause - Such power is to advance the cause of justice - First Appellate Court erred in refusing to allow..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Suit for permanent injunction - Issues regarding identity of property and ownership and possession thereof was decided by trial Court in favour of plaintiff - However, defendant questioned the same and also sought an opportunity to produce additional evidence by filing an application U.O.41.R.27 CPC - Lower..........
Civil Procedure Code, 1908, Section 100, Order 23, Rule 3 -- Compromise - During pendency of second appeal - Parties entered into compromise and a joint memorandum of compromise duly signed by parties is filed - Second appeal disposed of in terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 10 -- Compromise - During pendency of second appeal - A party who acquired interest pendente lite, cannot prevent parties from reaching settlement between them and impleading application on behalf of such party need not be entertained, particularly when no such application was filed..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Adoption - Declaration as to valid adoption, on appreciation of evidence, can be made by Civil Court and not by Revenue Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - Out of Court settlement - Judgment-debtor should not have taken the risk of warding off a decree by an out of court settlement by a doubtful document - This fatal mistake has to be to his peril - No person of reasonable intelligence would accept such a defence against decree..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Proceedings can only be quashed where issue is overwhelmingly and predominantly of civil profile arising out of commercial, financial, mercantile and civil or matrimonial nature - Criminal proceedings are not to be quashed where offence is heinous in nature...........
