Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Can be varied in final decree proceedings at the request of party, where law governing the parties has been amended before conclusion of final decree proceedings...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Preliminary inquiry - When in the opinion of Court there is enough material to initiate proceedings, there is no need to conduct preliminary inquiry...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - No statutory requirement that Court should give opportunity of hearing to accused before filing a complaint nor it is necessary that a preliminary inquiry is to be held mandatorily...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry - At the stage of preliminary inquiry, exercise of investigative powers being barred, such an inquiry is intended to facilitate process of formation of opinion as to whether FIR at all is required to be registered...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 154, 156 -- Applicability - Ss.18 and 18A of the Act exclude any preliminary inquiry before registration of a First Information Report contrary to the provisions contained in Ss.154 and 156 Cr.P.C. - Section 19 of the Act excludes the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 154, 156 -- Applicability - Ss.18 and 18A of the Act exclude any preliminary inquiry before registration of a First Information Report contrary to the provisions contained in Ss.154 and 156 Cr.P.C. - Section 19 of the Act excludes the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Specific finding recorded by Court below that Apex Court extended the limitation period because of COVID-19 pandemic, therefore suit is not time barred - However, if written statement is filed by defendant and ground of limitation is pleaded therein, a preliminary issue regarding..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issues - Can be those where no evidence is required and on the basis of reading of plaint or applicable law, if jurisdiction of Court or bar to suit is made out, Court may decide such issues with sole objective of expeditious decision...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issues - CPC confers no jurisdiction upon Court to try a suit on mixed issues of law and fact as a preliminary issue and where decision on issue depends upon question of fact, it cannot be tried a preliminary stage...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issues - Issue of res judicata is a mixed issue of fact and law and it cannot be decided as a preliminary issue - It has to be decided on proper pleadings and evidence of parties...........
