Indian Penal Code, 1860, Section 193 -- False evidence - Denial of statements made in the affidavits of complainant, simplicter would not attract the offence, particularly when no malafide intention/deliberate attempt can be understood from the statement made by accused in the affidavit...........
Indian Penal Code, 1860, Section 193 -- False evidence - Mere suspicion or inaccurate statements do not attract the offence u/s 193 IPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Absence of accused when case was fixed for judgment - Application to dispense with his presence dismissed - Accused convicted - Non bailable warrants issued against him - Application of accused u/s 70(2) Cr.P.C. to cancel warrants and u/s 438 Cr.P.C. dismissed - Accused directed to appear before..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced were all along in the public domain and if petitioners were diligent, they could have brought these documents at the very beginning before trial Court - Documents have been brought only to fill the lacunae in the case of petitioners - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If cause of action is not disclosed in the suit or where suit appears from statements of plaint is barred by any law, suit can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court has to decide the application U.O.7.R.11 CPC taking the preposition that averments made in plaint only requires to be looked into - Defence or the averments made in the application has no legs to stand...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action pleaded by plaintiff is illusory and under the illusory cause of action, vexatious suit is filed - If cause of action is found to be vexatious and meritless and not disclosing a clear right to sue, plaint may be rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Probate proceedings - Petitioners/intervenors are step sons of testatrix - Testatrix died during lifetime of her husband - In case probate is not granted to the sons of testatrix, property devolves upon her sons, daughters and her husband - If the property devolves upon husband, naturally..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce petition filed by husband on the ground of cruelty - Plea of illicit relationship of husband - Wife seeking impleadment of adulterer - When decree of divorce is not sought against wife on the ground of adultery, then adulterer is not a necessary party - Application for..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed after filing of written statement, but it should be filed before framing of issues...........
