Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Parties not same in both the suits in question - Prayer in both the suits also not same - Even issues are not identical - There should have been a trial with regard to all issued framed - Suit held, not barred by res judicata - Application for rejection of plaint dismissed...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 9 -- Eviction proceedings by Government company - Maintainability - Recourse to summary remedy of eviction taken under the Act is not the proper way keeping in view the nature of controversy and factual issues raised by parties against each other - Proper remedy is to file a civil suit for eviction..........
Criminal Procedure Code, 1973, Section 386(b) -- Power of appellate Court - While considering appeal Court should examine evidence of each prosecution witnesses on issues arising in the case and then Court should record finding either in affirmation or modification or reversal as the case may be...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 5, 23 -- Welfare of senior citizens - Rejection of application - Legality of - No parental abuse - Suit for possession and refund of Rs.46,54,465/- along with interest - Mis-appropriation of joint family funds - Senior citizen filed application against one son with the help of other sons - Two..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendants contended that they did not receive suit summons and their father died much prior to date of statement of account on which suit was filed - Statement of defendants in their affidavit filed in support of application filed for setting aside ex parte decree..........
Family Courts Act, 1984, Section 7(1) -- Family Court - Jurisdiction - Recovery of money - Cause of action for claim of money does not relate to matrimonial relationship - Cause of action for realisation of money exist independently - Jurisdiction conferred on Family Court is settlement of issues arising out of matrimonial causes - Dispute in the instant case is purely a..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to incorporate counter claim - After commencement of trial that too after evidence of DW1 is over - Amendment hit by O.6.R.17 Proviso CPC - Although counter claim can be allowed after framing of issues, however, as a rule delayed counter claim should..........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Notification u/s 4 of the Act - Challenge as to - Intra Court appeal - Division Bench dismissed intra Court appeal without dealing with any of issues arising in case and submissions urged by appellant - Once intra Court appeal involves factual and legal issues, it was incumbent upon Division Bench to deal with..........
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Framing of additional issues - After closure of plaintiff's evidence - Suit for declaration - Grant of declaration is dependent upon claims set up by plaintiffs on the basis of two Wills and one family settlement - Plaintiffs had already concluded their evidence and after closing of the same voluntarily, have..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim arose before filing of written statement - Earlier counter claim was disposed of by trial Court on the ground that it was not in prescribed format with liberty to file fresh - Counter claim filed after rectifying defects could not be rejected by Court only on the ground..........
