CIVIL
CPC S. 11 – Res judicata – Suit property same – Reliefs prayed different – Does not bar.
Civil Procedure Code, 1908 (V of 1908), S. 11 – Res judicata – Suit for injunction filed by the present...
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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. 7 R. 11(a) – Limitation - When a suit Ex facie indicates that it is barred by the...
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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
Anil Kshetarpal, J. / Mr. Ashwani Bakshi, for the petitioner / P&H Civil Procedure Code, 1908 (V of 1908), Order...
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Company can also be held guilty and sentence can be imposed. No immunity to the Companies from prosecution, merely because the prosecution is in respect of an offence, for which the punishment prescribed is imprisonment and fine or fine, or both. However the same shall be limited to a fine only.
The Full Bench of the Hon'ble Delhi High Court in Municipal Corporation of Delhi v. J.B. Bottling Company Private Limited...
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CPA S. 27 – No order is passed against the appellant in its individual capacity who was shown as Secretary of the Society – For the default committed by the society, and in absence of any personal liability appellant could not be imprisoned .
Consumer protection Act, 1986 – Section 27 - Power to impose the penalties - Empowers the authorities to pass an...
Read moreSuit – 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 - The question of suit being premature does not go to the...
Read moreSuit – Premature filing of a suit
Suit - Premature filing of a suit - In our opinion, a suit based on a plaint which discloses...
Read moreLimitation Act, Art. 61 – Usufructual mortgage – Right to redeem has been held to continue till the mortgage money is paid for which there is no time limit.
Limitation Act, Art. 61 - Usufructual mortgage - Right to redeem has been held to continue till the mortgage money...
Read moreCPC 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 Order IX Rule 13 – Setting aside exparte decree - Prayer in application to condone the delay as well...
Read moreAdvocate – Duty of – Vakalatnama – Ascertaining identity of the person signing – If he does not personally know the litigant, he must verify the identity of the person signing the Vakalatnama from the documents such as Adhaar or PAN card
Advocate – Duty of – Vakalatnama – Ascertaining identity of the person signing - If the Vakalatnama is executed...
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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. 7 R.11 - Appellant – original plaintiff approached the Revenue Authority/Tehsildar he was nonsuited on the ground that...
Read moreCPC 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.
CPC O. 41 R. 27 - When specific allegations have been made by the plaintiff in respect of document being...
Read moreCPC O. 8 R. 1 – Provisions though directory Court needs to exercise due circumspection if there is an attempt to engage in dilatory tactics.
Civil Procedure Code, 1908 (V of 1908) Order 8 Rule 1 - Provisions are no doubt are directory in nature,...
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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
Civil Procedure Code, 1908 (V of 1908) Order 47 – Limitation Act, 1963 (36 of 1963) Section 9 – Once...
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Limitation – Once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.
Limitation Act, 1963 (36 of 1963) Section 9 – Clearly provides that where once time has begun to run, no...
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