Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Suit cannot be dismissed U.O.7.R.11 CPC merely because interim relief post the arguments is denied on merits on examination of three principles i.e (i) prima facie case; (ii) irreparable harm and injury; and (iii) balance of convenience...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Opposite party has right to address final arguments even in the absence of filing its written version against the complaint or non participating in the proceedings...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Adjournment - Opposite party had right to seek an adjournment in order to address arguments on merits even in absence of filing its written version against the complaint or non participating in the proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 6 -- Death of defendant after filing of written arguments and before pronouncement of judgment - Death of defendant would not have effect of abatement of proceedings...........
Constitution of India, 1950, Article 226 -- Eviction order - Writ petition - Unauthorized occupant - Question as to when tenancy was created or when petitioner or his predecessor-in-interest became a tenant, is not merely a question of law but a mixed question of fact and law - Petitioner having not raised this question before either prescribed authority or appellate..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 227 -- Sanction for prosecution - Validity - Once cognizance was taken by Special Judge and charge was framed against accused, trial could neither have been stayed nor scuttled in the midst of it in view of S.19(3) of P.C Act - In the instant case, though the issue of validity of..........
Prevention of Corruption Act, 1988, Section 19(1) -- Sanction for prosecution - Validity - Stages of proceedings at which an accused could raise the issue with regard to validity of sanction would be the stage when Court takes cognizance of offence, the stage when the charge is to be framed by Court or at the stage when trial is complete i.e., at the stage of final..........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment to take plea of adverse possession sought at the stage of arguments - There has not been any due diligence on the part of defendants - Defendants had even otherwise taken a specific stand in written statement that they are owners in possession of suit land on basis of an oral sale -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Application filed after lapse of five years from filing of suit at the stage when suit was pending for cross examination of DW2 and to prolong the proceedings - Trial of case is going to be closed and suit is now ripe for arguments - Application rightly rejected...........
