Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Where evidence on record is sufficient, Court of appeal would decide the issue on merits and should avoid an order of remand as the same gives longevity to litigation...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Wife filed suit for dissolution of marriage - Husband by filing counter claim claimed divorce on ground of cruelty and desertion - Counter claim filed subsequent to filing of written statement - Issues were not yet framed - Under S.23-A of Hindu Marriage Act, husband had statutory right to file counter claim -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Dispute between employer and employee - Relief claimed by plaintiff covered under Industrial Dispute Act - Civil Court has no jurisdiction to adjudicate said dispute and plaintiff was required to file appropriate proceedings before Labour Court under appropriate provisions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Property in question is till date a joint property - Plaintiff is co-sharer and there being a prima facie case having been made out and also having balance of convenience and inconvenience in his favour - Order of status quo thus, passed in respect of suit land in respect of parties..........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Once documents have served their purpose in litigation and are no longer required by Court, should be returned to their rightful owner and not necessarily to the party who physically submitted the documents in Court...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Written statement - has to be filed within prescribed time frame irrespective of whether an application U.O.7.R.11 CPC is considered or not...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Filing of written statement is not a condition precedent for considering an application U.O.7.R.11 CPC - Therefore, it is not permissible for trial Court to dismiss the application on the ground that written statement was not filed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For consideration of application filed U.O.7.R.11 CPC, only the averments made in the plaint are required to be considered and not that in written statement...........
Civil Procedure Code, 1908, Section 96 -- Composite single appeal - Dismissal of suit and decreeing counter claim - When both the civil suit and counter-claim was decreed by a common judgment, regardless of whether a separate decree has been prepared in the counter claim, both would be required to be challenged by separate appeals - Composite single appeal dismissed being..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An order allowing application u/s 311 Cr.P.C. should have specific reasons explaining how re-calling and re-examination of witnesses are necessary for the just decision of the case - Cryptic non speaking order would not suffice...........
