Civil Procedure Code, 1908, Section 24, Constitution of India, 1950, Article 227 -- Order passed u/s 24 CPC - Petition under Article 227 of Constitution thereagainst does not lie...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Once doors of District Court have been knocked the filing of Transfer Application before High Court is neither prohibited nor excluded...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - While exercising discretion to add a party Court must be guided by following factors: (i) whether party sought to be added is a necessary party or not; (ii) whether his presence would enable Court to effectually and completely adjudicate all questions involved in that case; (iii) whether his..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Necessary party - What makes person a necessary party, is not merely that he has relevant evidence to adduce on some of issues involved in the lis, as that would only make him a necessary witness, but it is that without his presence, complete and final adjudication is impossible...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Proceedings u/s 57 of Madras Hindu Religion and Charitable Endowments Act - Petitioners are not necessary to effectually and completely adjudicate upon and settle all questions involved in proceedings - Even, in absence of petitioners as parties in proceedings will not lead to any multiplicity of..........
Civil Procedure Code, 1908, Section 114 -- Review - Repetition of earlier arguments that have already been addressed is not open to be looked into in a review application...........
Civil Procedure Code, 1908, Section 114 -- Review - Jurisdiction of review cannot be invoked for re-writing of judgment nor it vests appellate power in Court to examine at length and re-examine findings of Court - Scope of review of a judgment is not extensive and should be confined to error apparent on face of record, discovery of new and important matter or evidence...........
Civil Procedure Code, 1908, Section 114 -- Review - Decree of divorce - Efforts made for reconciliation but wife expressed her unwillingness to live with husband - Wife remarried after decree of divorce in her favour - Review has lost its efficacy - Review application rejected...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admission in evidence and making exhibit of a document - Does not prove it automatically unless same has been proved in accordance with law...........
