Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - High Court failed to frame any substantial question either at the time of admitting appeal or before final hearing and yet proceeded to allow some of second appeals - Impugned orders of High Court set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit clearly barred by law of limitation - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by limitation - Plaintiff by clever drafting tried to bring suit within period of limitation, which otherwise is barred by law of limitation - Suit clearly barred by law of limitation - Plaint is required to be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court while deciding second appeal is strictly confined to case involving substantial question of law and it is not permissible for High Court to re-appreciate evidence on record and interfere with findings recorded by Courts below and/or First Appellate Court and if First Appellate Court has..........
Consumer Protection Act, 1986, Section 13 -- Consumer complaint - `On admission of complaint' - Meaning - Complaint can be dismissed in limine and its admission can be declined without notice to the opposite party - However, such jurisdiction to dismiss complaint in limine has to be exercised having regard to facts of each case - Since case in hand is not of that nature as..........
Agreement to sell -- Specific performance - Limitation - Date fixed in the agreement - Does not stand extended when defendant was pursuing application seeking permission of Land and Development Office (L&DO) - It is settled law that vendee cannot claim that cause of action for filing suit has not arisen on the date fixed in the contract on the ground that certain..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder case - Allegations against i, laws of deceased - Deceased in her dying declaration only mentioned the name of her sister-in-law, she has not mentioned the names of others - Neither complaint nor evidence of witnesses indicates as to role played by appellants in commission of offence and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Central Excise Act, 1944, Section 11B -- Refund of central excise duty - Claimed by buyer - Period of limitation - Buyer of goods who paid duty under protest much after a period of limitation of 6 months as prescribed under mandate of law, not entitled to claim refund of duty...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Hearing of second appeal is open for any other substantial question of law, even if not formulated earlier, only in exceptional cases and for strong and convincing reasons, to be specifically recorded by High Court...........
