CIVIL
Evidence Act S. 137 – CPC O. 18 – Order in which the cross examination of the plaintiff’s witnesses is to be conducted
I have gone through the aforesaid three authorities and I find myself to be in agreement with the reasoning given...
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CPC O. 18 R. 17 – is merely an enabling provision for the convenience of the Court and the same cannot be utilized by the parties to re-examine any witness in order to fill lacuna in the case.
Provision in terms of Order 18 Rule 17 is merely an enabling provision for the convenience of the Court and...
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CPC O. 18 R. 17 – Recalling of the witness for further elaboration on the left out issues is wholly impermissible in law.
CPC O. 18 R. 17 - Recalling of the witness for further elaboration on the left out issues is wholly...
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Court fees deficit
CPC S. 149 - Section 149 raises a legal fiction in terms whereof as and when such deficit court fee...
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Court fee stamps not affixed
CPC S. 149 - CPC O. 7 R. 11(c) - Appellant while presenting the plaint inter alia contended that sufficient...
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CPC – We have, however, serious reservations as to whether the civil court could hear a defendant before registering a plaint
Practice and procedure - CPC - We have, however, serious reservations as to whether the civil court could hear a...
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Companies Act S. 630 – Quasi Criminal in Nature
Companies Act S. 630 - Quasi Criminal in Nature Companies Act, 1956, Section 630 - Whether a petition under Section...
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Civil proceeding
The expression “civil proceeding” is not defined in the Constitution, nor in the General Clauses Act. The expression in our...
Read moreCPC O. 7 R. 11(d) – Bar to approach the Civil Court – issue relating to a common drain between two private individuals
Civil Procedure Code 1908 (V of 1908) Order 7 Rule 11(d) - Bar to approach the Civil Court - There...
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CPC O. 7 R. 11, except for the disputes arising to the limited extent all other issues were held to be maintainable before the civil court. – Wakf Act S. 85.
Court while examining the bar of civil court as contemplated under Section 85 of the Wakf Act, 1995 had drawn...
Read moreSuit for possession – A suit for recovery of possession of immovable property is governed by the Limitation Act, 1963
Suit for possession - A suit for recovery of possession of immovable property is governed by the Limitation Act, 1963 -...
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Suit for possession, A decree of possession does not automatically follow a decree of declaration of title and ownership over property
Suit for possession - A decree of possession does not automatically follow a decree of declaration of title and ownership...
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Mesne profits
Mesne profits are profits which a person in wrongful possession of property might have derived, but would not include profits...
Read moreCPC S. 100 – To be “substantial”, a question of law must be debatable, not previously settled by the law of the land or any binding precedent,
CPC S. 100 - To be “substantial”, a question of law must be debatable, not previously settled by the law...
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