Civil Procedure Code, Order 23, Rule 1(4) -- Withdrawal - Second suit - Previous suit withdrawn unconditionally - At the time of withdrawal of previous suit, plaintiff neither alleged any compromise effected nor sought permission of Court to file fresh suit regarding same subject matter - Held, second suit is clearly barred by O.23.R.1(4) CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Suit for possession - Local investigation - Appointment of commissioner - Evidence has been considered by two courts below and courts below have not found any boundary dispute nor felt difficulty in identifying suit land or deciding lis between parties - Held, it was not necessary for courts below to inspect the spot or..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Suit for permanent injunction - Necessary party - Suit has been filed on the basis of possession by respondent - Appellants pleaded their possession over suit land as non occupancy tenants but they have failed to prove their possession on any part of suit land - Respondent in the suit has pleaded interference by appellants and..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 38 -- Suit for injunction and possession - Amendment of plaint - Application for - Nature of suit does not change at all if amendment sought is allowed to be incorporated - Plaintiffs still claim to be owners in possession of suit and - Basis of their case also does not change - They continue..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Permission for - Suit for injunction & possession - Parties have stated that other than leading documentary evidence they do not want to lead any other evidence - Held, application for leading additional evidence allowed...........
Civil Procedure Code, 1908, Order 27, Rule 5-A -- Coal Mines Public Provident Fund Commissioner - In an earlier suit, held, to be a public servant - Suit withdrawn as notice required u/s 80 CPC was not issued - Fresh suit filed upon due notice - Union of India not impleaded as a party - Held, the question settled in the suit filed earlier that Coal Mines Public Provident..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibit of document - If document is admitted in evidence in suit, particulars as are enlisted in O.13.R.4 have to be complied...........
Registration Act, 1908, Section 81,82 -- of Registration Act if all the essential ingredients contained therein are complete and not otherwise - A person can be prosecuted under the provisions of ,Ss. 81 and 82 - Allegation of selling sale by co-sharer of specific khasra numbers and in the sale deed it was mentioned that no civil suit is pending nor there is stay from the..........
Civil suit and criminal complaint -- Matter which essentially involves the dispute of civil nature cannot legally be allowed to become subject matter of criminal proceedings...........
Civil suit and criminal complaint -- Civil suit pending between parties with regard to the same subject matter - Complainant cannot be permitted to reagitate the same very dispute in the garb of criminal prosecution...........
