Civil Procedure Code, 1908, Order 20, Rule 12A -- Specific performance - In every decree of specific performance of contract, Court has to specify period within which payment has to be made...........
Civil Procedure Code, 1908, Order 20, Rule 16, Civil Procedure Code, 1908, Order 11, Rule 14 -- O.20.R.16 CPC and O.11.R.14 CPC, operate in different field for which framing of preliminary decree is sine qua non for establishing fact in issue...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - In case a decree for damages is passed in civil suit then it does not stand in the way for pursing criminal proceedings for defamation...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - Both the cases are different in nature - Pendency of both the cases does not amount to double jeopardy...........
Civil Procedure Code, 1908, Order 41, Rule 31, Civil Procedure Code, 1908, Order 20, Rule 4, 5 -- Judgment of First Appellate Court - Mere failure to quote number of particular issue before starting its discussion cannot vitiate any judgment...........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10, Trade Marks Act, 1999, Section 134(2) -- Trade mark - Jurisdiction - Return of plaint - Material fact pleaded by plaintiff that defendants are conducting, soliciting, rendering the impugned services under the impugned trade name within the jurisdiction of Court - Plaintiff also averred that it has a corporate..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 1 -- Plaint - Cause of action - Plaint shall mention as to when cause of action arose - A separate para need not be couched - It has to be ascertained by reading the plaint as a whole as to whether there is cause of action or not - Cause of action is bundle of essential facts and even a part of cause of action from..........
Civil Procedure Code, 1908, Order 20, Rule 6 -- Contents of decree - Decree to specify clearly the reliefs granted - Names and descriptions of parties and their registered addresses, if any, should be clearly shown in decree - In case of Lok Adalat awards settlement arrived at by consensus between parties is corner stone...........
Civil Procedure Code, 1908, Section 16, 20, Order 7, Rule 10 -- Jurisdiction - Court concluding that it has no jurisdiction - Recording of finding on merits not permissible - Only course open to Court is to return plaint to be presented before proper forum...........
