Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that accused after receiving the goods, did not pay the money - Proceed of crime is amounting to the tune of Rs.6,71,92,431 - Such averments would prima facie make out a case for investigation by authorities - If the allegation discloses a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Person who is alleged to have received the amount on behalf of vendor is not a necessary party - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Execution - Recovery of arrears of rent - Attachment of compensation granted under Motor Vehicle Accident Claim - Petition for arrears of rent filed against petitioner was decreed ex parte - Shop in question was in custody of petitioner and it was petitioner who was responsible to pay rent - Petitioner cannot take defence of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission when clear and not withdrawn, is a good and material source of evidence to rely upon to decide a fact in issue...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought is a minor correction of number of trees mentioned in the plaint and addition of some lines in the plaint regarding source of irrigation - Proposed amendment will not alter the case - Application rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plaint can be rejected only if Court is in a position to come to a definite conclusion that suit is filed beyond period of limitation - Since the issue in question is debatable, plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Counsel cannot be given liberty to argue a fact before Court based upon his personal knowledge which is not part of pleadings - To bring any new facts before Court, an affidavit is required to be filed by plaintiff or defendant, as the case may be, alongwith opportunity of rebuttal to other side...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Courts cannot be permitted to travel beyond pleadings in the matter of facts and in case any finding recorded beyond pleadings and judgment is given considering the same, such judgment is not sustainable...........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - Judgment of a Court cannot be contrary to its finding - While deciding any issue, a categorical and reasonable finding is required from the Court and based upon that, judgment has to be pronounced...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Appellant has a registered sale deed in his favour and has therefore seemingly acquired an interest in the Subject Land - Whether or not the consideration was paid, is a disputed question of fact that shall be determined by Trial Court - Mere fact that registered sale deed was..........
