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Home Category CIVIL CPC

CPC

CPC S. 11 – Res judicata – Suit property same – Reliefs prayed different – Does not bar.

by Punjab Law Reporter

June 23, 2022

2.4k

CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to the parties.

Constitution of India, Article 226 – No such principle of law that a High Court, in exercise of its jurisdiction under Art.226 of the Constitution of India cannot decide disputed questions of fact.

by PLRonline

June 22, 2022

2.5k

CPC O. 7 R. 11(a) – Limitation - When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit...

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

by PLRonline

June 21, 2022

2.3k

Anil Kshetarpal, J. / Mr. Ashwani Bakshi, for the petitioner / P&H Civil Procedure Code, 1908 (V of 1908), Order 1 Rule 8 – Representative suit for partition – Impleading ...

Suit – Premature filing of a suit – The question of suit being premature does not go to the root of jurisdiction of the court; the court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of the court to grant decree or not

by Punjab Law Reporter

June 14, 2022

2.3k

Suit - Premature filing of a suit - The question of suit being premature does not go to the root of jurisdiction of the court; the court entertaining such...

Suit – Premature filing of a suit

by Punjab Law Reporter

June 12, 2022

2.2k

Suit - Premature filing of a suit - In our opinion, a suit based on a plaint which discloses a cause of action is not necessarily to be dismissed...

CPC O. 9 R. 13 – Setting aside exparte decree – Observations made by the High Court that defendant cannot be permitted to file their written statement can be said to be beyond the scope and ambit of the CMP filed before the High Court

by Punjab Law Reporter

June 5, 2022

2.4k

CPC Order IX Rule 13 – Setting aside exparte decree - Prayer in application to condone the delay as well as to set aside the exparte decree and also to...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

by Punjab Law Reporter

May 29, 2022

2.7k

CPC O. 7 R.11 - Appellant – original plaintiff approached the Revenue Authority/Tehsildar he was nonsuited on the ground that Revenue Authority/Tehsildar had no jurisdiction to decide the dispute with...

CPC O. 41 R. 27 – When specific allegations have been made by the plaintiff in respect of document being fraudulent, then the burden shifts upon defendant No.1/propounder of the document to prove the same to be genuine, because it is a settled principle of law that the person, who claims some right on the basis of document, is required to positively prove the same.

by Punjab Law Reporter

May 25, 2022

2.2k

CPC O. 41 R. 27 - When specific allegations have been made by the plaintiff in respect of document being fraudulent, then the burden shifts upon defendant No.1/propounder of the...

CPC O. 8 R. 1 – Provisions though directory Court needs to exercise due circumspection if there is an attempt to engage in dilatory tactics.

by Punjab Law Reporter

May 24, 2022

2.1k

Civil Procedure Code, 1908 (V of 1908) Order 8 Rule 1 - Provisions are no doubt are directory in nature, however, at the same time the Courts must exercise their...

Mesne Profits – Are to be considered on the basis of evidence led before the Court

by Punjab Law Reporter

May 23, 2022

2.4k

Civil Procedure Code, 1908 (V of 1908) Order 47 – Limitation Act, 1963 (36 of 1963) Section 9 – Once time has begun to run, no subsequent disability or inability...

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

by Punjab Law Reporter

May 21, 2022

2.2k

CPC S. 100 - Once a decree sheet has been prepared, the defendant-petitioners cannot merely challenge the order dismissing their application for condonation of delay by filing a revision petition...

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NPA – Incorrect to presume that once an NPA is always an NPA – Prudential Norms and Master Circular issued by RBI

[SC] HMA S. 13(1)(i-a) – Subsequent conduct during the pendency of judicial proceedings – Continuing acts of the respondent would amount to cruelty even if the same had not arisen as a cause prior to the institution of the petition

CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to the parties.

Hindu Law – Joint Family Property – Alienation of – Where an alienation is not made with the consent of all the coparceners, it is voidable at the instance of the coparceners whose consent has not been obtained

CPC O. 9 R. 13 – Setting aside exparte decree – Observations made by the High Court that defendant cannot be permitted to file their written statement can be said to be beyond the scope and ambit of the CMP filed before the High Court

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Words- Words – ‘Shall’ – ‘as far as may be’ – The use of words ‘as far as may be’, occurring in Section 238A of the IBC tones down the rigour of the words ‘shall’ in the aforesaid Section which is normally considered as mandatory – IBC S. 238A.

SARFAESI S. 13(2) – Right of the borrower to have a due consideration of objections where the bank is bound to apply its mind and inform the borrower of its reasons as to why and how the account is classified as NPA

2022 PLRonline 0192

CPC S. 11 – Res judicata – Suit property same – Reliefs prayed different – Does not bar.

CrPC S. 438 – Anticipatory bail – – Bail application adjourned for a long without granting any interim protection – Interim protection granted

CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to the parties.

NPA – Incorrect to presume that once an NPA is always an NPA – Prudential Norms and Master Circular issued by RBI

CPC O. 1 R. 8 – is applicable when there are numerous persons having the same interest – Court is requested to direct the plaintiff to implead all the co-owners as party-defendants and thereafter, proceed with the matter

ECLGS – Emergency Credit Line Guarantee Scheme – Denial of benefit under – Disbursal of the amount under the scheme was withheld raising a plea that all outstandings had to be paid as a condition precedent for such disbursal – Set aside

CPC

CPC S. 11 – Res judicata – Suit property same – Reliefs prayed different – Does not bar.

CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to the parties.

CPC O. 1 R. 8 – is applicable when there are numerous persons having the same interest – Court is requested to direct the plaintiff to implead all the co-owners as party-defendants and thereafter, proceed with the matter

Suit – Premature filing of a suit – The question of suit being premature does not go to the root of jurisdiction of the court; the court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of the court to grant decree or not

Suit – Premature filing of a suit

CPC O. 9 R. 13 – Setting aside exparte decree – Observations made by the High Court that defendant cannot be permitted to file their written statement can be said to be beyond the scope and ambit of the CMP filed before the High Court

CPC O. 7 R.11 – Jurisdiction – Party cannot be permitted to approbate and reprobate and to take just a contrary stand than taken before the Revenue Authority and the Civil Court

CPC O. 8 R. 1 – Provisions though directory Court needs to exercise due circumspection if there is an attempt to engage in dilatory tactics.

CPC S. 47 – Limitation – Application that period spent by him in prosecuting application for review be deducted for the period of calculating limitation should be deducted is not acceptable

[P&H] CPC S. 100 – Once a decree sheet has been prepared, the defendant-petitioners cannot merely challenge the order dismissing their application for condonation of delay by filing a revision petition when they have a remedy of filing a second appeal against the decree sheet drawn up

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