Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit Court fee - If the allegations made in plaint are vexatious and clever drafting of plaint has created an illusion in respect of a cause of action, remedy available to defendants is to avail stage of O.10 CPC i.e at the first hearing by examining parties and then act in accordance with law - At..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Form or format in which points for determination are framed is not decisive - Judgment of first Appellate Court is not only inconsistent with provisions of O.41.R.31 CPC, but has led to fatal miscarriage of justice and is unsustainable in law - Judgment of first Appellate Court set aside -..........
Civil Procedure Code, 1908, Section 11, Industrial Disputes Act, 1947, Section 10 -- Reference by State to labour Court - Res judicata - Dispute in relation to reduction of age from 60 to 58 years raised by Trade Union already decided on merits between parties to lis which attained finality - No judicial forum at the instance of any party had jurisdiction to try these..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 35 -- Injunction - Inherent power of Court - Maintainability - Appellate Court granted injunction in favour of Plaintiff/Decree holders restraining the defendant from making construction while rejecting Application for removal of construction which was made after the suit was dismissed on ground that there was no..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Criminal Procedure Code, 1973, Section 323 - - Application of father of victim/next kin to participate in the proceedings - Case was committed to Court of Sessions - Sessions Court while hearing discharge application concluded on consideration of submissions made by accused and Public Prosecutor that offence in question is triable by Magistrate and without discharging..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Earlier adjournments granted in appeal, ought not to be taken into account by Court while considering whether or not to set aside order dismissing default passed by it, because only cause for absence on that day is required to be gone into...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Appeal dismissed in default because counsel engaged by appellants could not be present, as he has to admit his son in Engineering course - Application for restoration of appeal filed within 30 days from dismissal of appeal - Court below ought to have taken into account the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court attained finality - Thereafter,..........
Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3 -- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of plaintiff to pay..........
