Civil Procedure Code, 1908, Section 24 -- Transfer of case - Inter State transfer - Power u/s 24 CPC can be exercised by High Court even for inter State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States u/art 231 of Constitution and both the Civil Courts (transferor and transferee) are subordinate to it...........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Merely because a particular evidence which ought to have been adduced but had not been adduced, Appellate Court cannot remand the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further developing suit property - By not pressing the application for two years plaintiff virtually permitted construction of almost the entire building - Third party rights were already created by completing substantial construction of the building - Rights created in..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff absent for one day and litigation stood stalled for a period of 10 years in trial Court - Reason for absence is due to fever and sickness of nephew of plaintiff - Restoration application filed immediately along with evidence affidavit - Application for restoration allowed..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13 -- Applications for restoration of suit and setting aside ex parte decree - Guidelines issued to avoid delay in disposal of said applications: (i) At Numbering Stage- Such petitions shall be checked and numbered within a period of three (3) days; (ii) At Notice Stage- After..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and insufficiently stamped document - Liberty is granted to raise objection in the course of suit proceedings as to admissibility of document or otherwise of document for want of registration in terms of S.17(1) of Registration Act, if it is open or otherwise permissible -..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Case is purely a business transaction - Allegations as made in complaint itself are not sufficient to constitute a criminal offence - Matter is absolutely of a civil nature and civil suit was already pending - Complainant is misusing..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To note down existing physical features of suit property - Dispute with regard to identity of suit property - Court has to necessarily issue a commission for localizing suit land with assistance of Surveyor even in a suit for bare injunction - Appointment of Advocate Commissioner is..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred on sudden quarrel which erupted between parties on account of suit house not being vacated and accused poured kerosene oil on body of deceased and set her ablaze - Accused must have had knowledge that such injury inflicted by him on the body of deceased would likely to cause her..........
