Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - Offence u/ss 354, 354-A, 354-D IPC and S.12 of POCSO Act - Right of accused to cross-examine PW1 would be all the more at a higher pedestal under POCSO Act - Merely because accused approached Court with an application u/s 311 Cr.P.C after an inordinate delay of one year, that by itself may..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is nullity can be subject matter of objection u/s 47 CPC - When there was no such inherent lack of jurisdiction application u/s 47 CPC is not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Dispute regarding signatures has to be determined in the suit and not in execution proceedings - A plea not raised in the suit cannot be permitted to be raised in the execution proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff having alternative equally efficacious remedy - Cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Both parties claiming to be in possession - This question cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Reliance on an unregistered agreement to sell in suit cannot be a ground for rejection of plaint...........
Criminal Procedure Code, 1973, Section 162 -- Statement u/s 162 Cr.P.C. made by a person to a police officer in the course of any investigation under Chapter XII Cr.P.C, which is reduced to writing, is not required to be signed by person making such statement...........
Indian Penal Code, 1860, Section 180 -- Offence u/s 180 IPC - S.180 IPC gets attracted only if a statement is refused to be signed which a public servant is legally competent to require the person making statement to sign...........
