Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 31 -- Review and appeal - Land acquisition proceedings - Division Bench allowed State's appeal and in consequence dismissed writ petition and upheld the acquisition proceedings as legal and proper that too without dealing with any of issues raised by parties in writ petition and..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - When issue is to be tried by framing issues, inhibition in O.14.R.2(2) CPC is that no issue can be tried as a preliminary issue unless it is an issue of law only and even then it should fall U.O.14.R.2(2) CPC, otherwise even pure issue of law cannot be decided...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Additional issues can be framed at any stage of the case - Application cannot be rejected merely for the reason that case was at the stage of plaintiff's evidence and was ten years old...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Plea essentially a issue in rebuttal to issue No.1 - Petitioner while leading his evidence, would be free to lead evidence qua additional pleas and exhibit documents pertaining to the plea already taken - No necessity to frame additional issue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Recourse to O.7.R.11 CPC is not appropriate - Trial Court may after framing the issues, take up the issues which pertain to maintainability of suit and decide the same in the first instance...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Filed after framing of issues and at the stage of evidence of plaintiff - To take the replication at a later stage is only an irregularity and not illegality...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard to same facts or issues due to..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Court to pass a reasoned order which must contain narration of bare facts of the case of the parties to the lis, issues arising in the case, submissions urged by the parties, legal principles applicable to the issues involved and reasons in support of the findings on all the issues in support of its conclusion...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of deciding application for amendment of plaint, merits of amendment not to be gone into - Impugned order set aside - Amendment of plaint allowed - Respondent shall be at liberty to raise objections relating to concerned amendment and if required issues may also be additionally framed for..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 45 -- Bail - Rigors of S.45 PML Act and twin conditions which require High Court to satisfy itself that there are reasonable grounds for believing that he is not guilty of any offence is removed - Court is not required to satisfy at this stage for grant of bail with regard to..........
