Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Filing of memo of appeal without an application for condonation of delay is not fatal - Defect if any, can be cured by filing subsequent application for condonation of delay...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Purpose and requirement of filing an application U.O.41.R.3A CPC along with a time barred appeal is mandatory in the sense that appellant cannot without such an application being decided insist upon Court to hear his time barred appeal - However, no penalty of rejection or dismissal of a time..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Application for condoning delay can be filed subsequent to filing of memo of appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Where appointment of a Local Commissioner is sought solely for the purpose of collecting evidence, such an appointment is impermissible and ought to be disallowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - For existing status of property on the spot and not for the purpose of collecting evidence - Existing physical status of suit property as it stood at the time of filing of suit as well as on today is indeed relevant and necessary for just and effective adjudication of issues involved -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - A document or statement recorded in another proceeding unless duly exhibited and proved as admissible evidence during the trial of civil suit in accordance with law of evidence, cannot ipso facto constitute an admission that is conclusive and dispensatory of requirement of proof U.O.12.R.6 CPC - Such..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Object of provision U.O.12.R.6 CPC is to enable a Court to pronounce judgment based on admissions that are so unequivocal, unambiguous, unconditional and express that they render any further detailed adjudication in the matter wholly unnecessary and superfluous - This power being in the nature of an..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court before invoking provision U.O.12.R.6 CPC, must be satisfied beyond cavil that admission is of a conclusive nature and does not hinge upon proof or disproof of any other collateral fact in issue...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Oral or documentary admission not forming part of formal mechanism provided by O.12.Rr.3A, 4, 5 CPC or pleadings, must, at the very least, be duly proved as evidence in accordance with Evidence Act and satisfy the rigorous test of conclusiveness before it can become bedrock for a decree U.O.12.R.6 CPC...........
