Constitution of India,1950, Article 14 -- Tender - Rejection of bid - Petitioner failed to submit any NOC to the effect that the offered tank lorries were not running under any OMC regular contract - Moreover, false undertaking is given that tank lorries so offered under contract to BPCL had not been either withdrawn from any other contract with any other oil company..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary parties are those persons in whose absence no decree can be passed - Proper parties are those persons whose presence before the Court would be necessary in order to enable the Court to decide and adjudicate the lis in an effective manner - Persons strangers to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Two tests are to be satisfied: (i) there must be a right to some relief against plaintiff in respect of suit property; (ii) that in absence of petitioners no effective adjudication can be made by trial Court...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Suit for Partition - Objections - When a party to suit, who is wrongly impleaded and has not raised any claim in respect of subject-matter of the suit, if found at the end of the trial, to be unnecessary party, then he cannot be said to be a party to the suit for the purpose of S.47 CPC -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking off name of a party - A person, who has no interest to fight a litigation against another and who proclaims that he has been wrongly impleaded in the case since he has no claim over the subject matter, he should be deleted from array of parties resorting to O.1.R.10(2) CPC since it amounts to misjoinder of parties..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution of decree - Misjoinder of party - When there is no operative decree against the party still he can file another suit to save his property from being taken delivery of in execution of decree and there is no embargo to his right of resistance to execution proceedings...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Mere consent of a woman to accompany a man to market in no way is sufficient to infer that she was a consenting party to perform sexual intercourse...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Ex parte order - Party to a lis has at least a right to appear before Court even after being proceeded against ex-parte - Ex-parte order set aside...........
Limitation Act, 1963, Section 5 -- Condonation of delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a hyper technical approach has to follow a approach which is more humane and justice oriented...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following..........
