Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Power u/s 147 of the Act can be invoked at any stage of proceedings i.e at the stage of trial, appeal or at revisional jurisdiction and Courts should be liberal in exercising such powers - Since matter has been compromised between parties, sentence awarded to accused..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Power u/s 147 of the Act can be invoked at any stage of proceedings i.e at the stage of trial, appeal or at revisional jurisdiction and Courts should be liberal in exercising such powers...........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment), O.7.R.11 - Revision - Rejection of plaint - When a revisional Court rejects a plaint, in substance, an application filed U.O.7.R.11 CPC is being allowed - Under such circumstances, remedy by way of a writ petition u/art 227 of Constitution could be availed - Although if plaint had been rejected by trial Court,..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - It is S.41 of Punjab Courts Act which governs second appeal in Punjab and Haryana High Court - As far as Punjab & Haryana High Court is concerned it need not to frame substantial question of law in second appeal - However, High Court cannot exercise jurisdiction de hors the..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission - Order of NCDRC does not show that any of parameters contemplated u/s 21 of the Act were satisfied to exercise its revisional jurisdiction to set aside order passed by State Commission - Even, NCDRC has exercised jurisdiction examining the question of fact again as a Court of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Right to use electric motor connection - Plaintiff purchased share in land alongwith share in electric motor connection from its previous owners - However, defendant claimed that previous owner had already relinquished their rights in said electric motor connection in her favour - As..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal u/s 37 of the Act - High Court has no jurisdiction to remand the matter to the same arbitrator unless it is consented by both the parties that matter be remanded to same Arbitrator...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal u/s 37 of the Act - Two options are available to Court for considering appeal u/s 37 of the Act i.e. High Court either may relegate the parties for fresh arbitration or to consider the appeal on merits on basis of material available on record within scope and ambit of jurisdiction u/s 37 of the Act...........
