Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Mere pendency of civil suit is not an answer to the question as to whether a case u/ss 323, 379 read with S.34 IPC is made out against accused...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A, Evidence Act, 1872, Section 45 -- Appointment of Advocate Commissioner - Comparison of signatures on documents in question and sending same to an expert - Purpose of appointment of Advocate Commissioner is only to get photographs of signatures contained in documents and to send it for expert opinion - Documents..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute between parties is only relating to cancellation of power of attorney - Petitioners who are beneficiaries and have purchased the property through sale deed executed by power of attorney holder cannot be said to be necessary party without whom suit cannot be decided - However, for complete..........
Civil Procedure Code, 1908, Order 11, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Interrogatories and recall of landlord for further examination - None of interrogatories relevant - If tenant had information about any property of landlord, he should have come up specifically in that regard instead of making fishing enquiries - Even, similar attempt is made in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability to labour proceedings - Principle of res judicata applies to labour/industrial proceedings...........
Civil Procedure Code, 1908, Section 11, Industrial Disputes Act, 1947, Section 10 -- Reference by State to labour Court - Res judicata - Dispute in relation to reduction of age from 60 to 58 years raised by Trade Union already decided on merits between parties to lis which attained finality - No judicial forum at the instance of any party had jurisdiction to try these..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiffs by way of amendment intends to withdraw earlier pleadings - He in fact wants to introduce a completely new case, which if permitted would obviously change very nature of suit - More so, no averment made in application that despite due diligence, proposed amendment could not be incorporated in..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appeal - Appellate Court was aware about seven issues those were framed by trial Court and then went on to pick up each issue which was framed by trial Court for discussion - Such exercise is not contemplated U.O.41.R.31 CPC - First Appellate Court should apply its own mind and frame those points for determination..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration of ownership and perpetual injunction - Gram Panchayat chose not to defend the matter even after filing application U.O.7.R.11 CPC - It was only after fresh elections new Gram Panchayat moved application U.O.9.R.13 CPC - Issue of delay in filing application in such..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for partition of ancestral property was filed by sister of plaintiff against plaintiff and their father - Sister of plaintiff got equal share in said suit - Said findings attained finality being not challenged - Argument that said property is self acquired property is not sustainable when the issue is..........
