Civil Procedure Code, 1908, Section 100 -- Second appeal - An inference of fact from a document is a question of fact - The legal effect of the terms or a term of a document is a question of law - Construction of a document involving the application of a principle of law, is a question of law - When there is a misconstruction of a document or wrong application of a..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - The doctrine of res judicata is not merely a matter of procedure but a doctrine evolved by the courts in larger public interest - What is enacted in Section 11 of CPC is not the fountai, head of the doctrine, but merely the statutory recognition of the doctrine, which rests on public Policy...........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 13 - - Civil Procedure Code, 1908, Section 11 -Res judicata - Doctrine of - Findings of the Special Court that Section 13 of Act of 1992 overrides the doctrine of res judicata repelled - Not intended to abrogate all the established principles of law, unless they were directly in..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Vesting of surplus land in State - Suit for Declaration and Permanent Injunction filed by plaintiff-respondent in the year 2002 claiming that orders dated 26-12-1977 and 06-07-1981, whereby land in the hands of predecessors in interest was declared surplus are..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Accused escaped from custody of Court - Cognizance taken by Magistrate for offence under Section 224 IPC - During course of trial some witnesses turned hostile - Disciplinary action can be taken against them - District Judge cannot direct police to further investigate matter and file additional charge..........
Criminal Procedure Code, 1973, Section 173(2)(i) -- Police report u/s 173(2)(i) - Options available with the Magistrate are: (1) To accept report and take cognizance and issue process; (2) may disagree with the report and drop proceedings; (3) may direct further investigation and require the police to make a further report - Even if the police report is to the effect that..........
Criminal Procedure Code, 1973, Section 319 -- 'Evidence' in Section 319 contemplates evidence of witnesses given in Court...........
Evidence Act, 1872, Section 145, Criminal Procedure Code, 1973, Section 161, 162 -- Hostile witness - Cross examination of own witness - Permission can be granted only when examination-in-chief is closed and party calling witness becomes adverse party - If prosecution wants to cross-examine his own witness under Section 145 Cr.P.C. regarding his previous statements..........
Criminal Procedure Code, 1973, Section 195, 482 -- Penal Code, 1860, Sections 182, 420, 511 - Quashing of complaint - Both the alleged offences i.e. u/S.420 r/w Section 511 IPC and 182 IPC form integral part so as to amount to offences committed as a part of the same transaction - Summoning order issued by Magistrate on private complaint - Held that Section 195 Cr.P.C..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Remarriage - Does not render application U.O.9.R.13 CPC and application under section 5 Limitation Act infructuous...........
