Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Evidence Act, 1872, Section 62 -- Carbon copy - It is a counter part of the original - Carbon copy is primary evidence for the purposes of its production - Parties against whose interest the document is sought to be produced may challenge its genuineness or may disprove the same...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment to incorporate plea of counter claim - In the garb of temporary injunction defendant dispossessed - Counter claim related to suit property and was based on subsequent dispossession on account of temporary injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Just like a plaint - Provision of Order 7 CPC apply to a counter claim...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Not disclosing cause of action or when it is barred by limitation - Court can dismiss the same at the threshold and need not to wait till evidence is taken...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 307, 302 -- Two FIR's - An alleged terrorist killed by police in an counter - FIR lodged under S.307 IPC - CBI investigated the matter and found that it was conspiracy to kill the person who was an alleged terrorist - Two FIRs in respect of same matter - First FIR lodged against deceased for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - By way of amendment in written statement - If suit for recovery of money could not be filed on the date of seeking amendment then the same relief by way of counter claim is barred by limitation...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional Evidence in Appeal - Suit for permanent injunction restraining defendent from encroaching upon any portion of suit property - Defendents by way of counter claim sought possession of suit property - Claim of defendents that 'Ganga Ram' father of plaintiff was licencee and after termination of licence, possession..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit dismissed and counter claim decreed - Appeal against - Court fees - Plaintiff is required to pay Court-fee on amount of counter claim - if court fee is not paid in respect of decree on counter-claim, that part of decree would be final and would operate as res judicata...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be filed even after filing of written statement provided the cause of action had accrued before defendant had delivered his defence and period of limitation fixed for raising such a claim has not expired - Counter claim can be permitted to be introduced by way of amendment or by way of subsequent..........
