Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forgery - Documents were not forged when the matter was sub-judice before civil Court - Suit was filed by respondents seeking certain reliefs and in the suit the forged document was filed - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sale does not create any right in the subject matter of suit property unless specific performance of contract is allowed in favour of proposed purchaser - Claim of such person for injunction over suit property is without any basis - Moreover, when..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 21, Rule 22(1) -- Execution - Show cause notice U.O.21.R.22 CPC - When subsequent application has been filed within two years from the withdrawal of previous execution application, there was no requirement for issuance of notice - Executing Court did not commit any error in issuance of warrant of attachment against petitioner without..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection regarding impleadment of LR's of DH - Objection was dismissed vide detailed order - No challenge was made to said order - Thereafter first execution petition remained pending for more than 3 months before it was withdrawn - Petitioner having not laid any challenge to said orders cannot plea qua same that too..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Review of order passed under writ jurisdiction - O.41.R.17 CPC is not applicable to such an application - In absence of counsel for parties, Court is not required to dismiss in default and Court can decide the review application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment to explain admissions are permissible but withdrawing or contradicting earlier admissions is not permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment effectively displaces the original claim which is contrary to permissible scope of amendments - Amendment cannot be permitted - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Withdrawal of writ petition filed in High Court without permission to file a fresh writ petition may not amount to res judicata - However, remedy u/art 226 of Constitution should be deemed to have been abandoned by petitioner in respect of cause of action relied on writ petition when he withdraws without such..........
Civil Procedure Code, 1908, Section 5 -- Applicability of CPC - Proceedings u/s 116 of U.P. Revenue Code - Provisions of CPC is squarely applicable to proceedings u/s 116 of U.P. Revenue Code as per S.216 of said Code...........
