CPC
CPC O. 9, R. 13, and S. 96 (2) – proforma defendant is included as a defendant because they have the same rights and interests in the suit property as the plaintiff – – If the plaintiff succeeds, the proforma defendant also succeeds, and if the plaintiff fails, the proforma defendant also fails. [ID# 3311206]
(i)Civil Procedure Code, 1908, Order 9, Rule 13, and Section 96 (2) Judgment and Decree Challenged: The judgment and decree...
Read moreCPC S. 51 – Execution – Imprisonment – Simple default to discharge is not enough – There must be some element of bad faith beyond mere indifference to pay, some deliberate or recusant disposition in the past or, alternatively, current means to pay the decree or a substantial part of it. [#216902]
PLR PLRonline 2006 PLRonline 0205 . SUPREME COURT OF INDIA Before:- V.R. Krishna Iyer and R.S. Pathak, JJ. Jolly George Varghese and another - Appellants...
Read moreIndigent person – Motor vehicles Act. [1979 PLRonline 0002]
State of Haryana v. Darshana Devi, (SC) 1979 PLRonline 0002 SUPREME COURT OF INDIA Before:- V. R. Krishna Iyer and...
Read moreIndigent person – Right to justice – The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order 33, CPC. [PLRonline]
2. The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply...
Read moreIndigent person – Is only a provision for the deferred payment of the court fees and this benevolent provision is intended to help the poor litigants who are unable to pay the requisite court fee to file a suit because of their poverty. [PLRonline]
Application of Order XXXIII of the Code, principles : (i) It is an enabling provision for filing of a suit...
Read moreIndigent person – Payment of court fees as the scheme suggests is merely deferred. It is not altogether wiped off. [PLRonline]
R.V. Dev v. Chief Secretary, Govt. of Kerala (2007) 5 SCC 698, in para 8 whereof it was observed :...
Read moreIndigent person [PLRonline]
Concept of an indigent person :- "16. The concept of indigent person has been discussed in Corpus Juris Secundum (20...
Read more[SC] CPC S. 100 – High Court cannot substitute its own opinion for that of the first appellate Court, unless it finds that the conclusions drawn by the lower Court were erroneous being contrary to the mandatory provisions of the applicable law or contrary to the law as pronounced by the Supreme Court or based on inadmissible evidence or no evidence. [PLRonline]
CPC S. 100 - High Court cannot substitute its own opinion for that of the first appellate Court, unless it...
Read moreCPC O. 7 R. 10(2) – Incumbent on the judge passing the order under clause (1) of the same provisions to endorse on the plaint the date of the presentation, return of the plaint, the name of the party presenting it and the reasons for returning it. [PLRonline]
Order VII Rule 10(2) of CPC - Considering Order VII Rule 10(2) of CPC, it is incumbent on the judge...
Read moreCPC O. 12 R. 6 – Admission has to be unequivocal and unqualified and the admission in the written statement should also be taken as a whole and not in part.
R.K. Markan vs. Rajiv Kumar Markan, 2003 AIHC 632 (633) Delhi, wherein it was observed as under :-“For passing a...
Read moreCPC O. 12 R. 6 – Unless the admission is clear, unambiguous and unconditional, the discretion of the Court should not be exercised. [SC]
“10. It is true that a judgment can be given on an admission contained in the minutes of a meeting....
Read moreCivil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 – Property – Dispute with regard to identity of the property – Status quo – It would be appropriate for the parties to maintain status quo with regard to their possession. [PLRonline 417502]
Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 - Property - Dispute with regard to...
Read moreCPC O. 6 R. 17 read with O. 1 R. 10 – Application seeking impleadment of subsequent purchaser, as well as incorporating the necessary averments in the plaint – May not be a necessary party but cannot be said that the presence of the purchaser in the suit proceedings would be improper also. (PLRonline ID 46513)
Suit property, the subject matter of the agreement to sell has been transferred in favour of a third party -...
Read more[SC] CPC O. 39 R. 1 – When a mandatory injunction is granted at the interim stage much more than a mere prima facie case has to be made out – Revisional jurisdiction under section 115 CPC is to be exercised to correct jurisdictional errors only – CPC S. 115 [ ID# 3310205]
CPC O. 39 R. 1 , CPC S. 115 - Application under Order 39 Rule 1 dismissed by the...
Read moreDue to the fault of counsel, litigant should not be made to suffer. [ PLRonline 1319103]
CPC O. 18 R. 13 - Additional evidence - Leading of additional evidence would also be essential to the just...
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