Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Property dispute between parties - Allegation that appellant being power of attorney of original owners sold the property belonging to complainant to third parties - However, suit property is common and undivided property and in which complainant has a undivided..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has not dealt the second appeal in accordance with law and has failed to consider the relevant vital issues affecting the rights of parties to litigation - Judgment and order passed by High Court set aside - Matter remitted back to High Court for fresh consideration of second appeal in accordance with..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within a period of 30 days - Commercial dispute - Court has discretion to permit a party to file written statement between day no.31 to day no.120 - While exercising this discretion, Court can impose such costs as it deems fit, as a condition for receipt of written statement - Plea that..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within time - Commercial dispute - Commercial Court allowed defendant to file written statement subject to condition that defendant should deposit a sum of Rs.25 lakhs in fixed deposit for three years - Though Court has powers to impose conditions, but conditions so imposed should be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant is not entitled to seek rejection of plaint on the ground that document is not registered, as admissibility of document will arise during course of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of res judicata, cause of action, under valuation, limitation have to be decided on trial but the same cannot be a ground for rejection of plaint, especially when parameters of O.7.R.11 CPC are not satisfied...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Merits of averments sought to be incorporated by way of amendment are not to be judged at the stage of allowing the amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only for claiming an additional relief on the basis of already existing averments - No new facts are sought to be introduced - Contention of defendant that relief sought by way of amendment is barred by limitation which can be decided at appropriate stage - Amendment application rightly..........
Civil Procedure Code, 1908, Section 21 -- Objections to jurisdiction - Objections regarding place of suing shall not be allowed unless such objection is taken in the Court/Tribunal of first instance at the earliest possible opportunity...........
