Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Earlier application filed U.O.7.R.11 CPC was dismissed - Subsequent application filed U.O.7.R.11 CPC rightly not maintainable being barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata/constructive res judicata is applicable in the same proceeding during pendency of suit at successive stages...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of former suit on the ground of disappearance of cause of action cannot be operate as res judicata in subsequent suit, as judgment passed in former suit was not on merits...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Vague averments are sought in the application that suit is not maintainable before civil Court, as land is an agricultural land, thus, no partition or sub division of land can be ordered - However, no provision of law by virtue of which present suit is alleged to be hit or barred has been..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff having alternative equally efficacious remedy - Cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Both parties claiming to be in possession - This question cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Reliance on an unregistered agreement to sell in suit cannot be a ground for rejection of plaint...........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Second application for amendment - Res judicata - Second application for amendment containing same relief which was proposed in first application, is barred by principle of res judicata...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........