Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution - Contractual rent Rs.371.90 since 1944 - Premises situated in prime commercial locality - Tenant directed to pay Rs.15, 000/- per month as charges for use and occupation during pendency of appeal - No fault can be..........
Specific Relief Act, 1963, Section 41, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 108(j) -- Lease of land for floor mill - Lessee given permission to raise building for flour mill and make other construction ancillary to flour mill - Lessee started construction of shopping complex to give the same on lease in violation of lease..........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Order dismissing appeal on merits in the absence of appellant - Or dismissal of appeal for default - Word `may' in R.17(1) - Leaves discretion to Court to pass order other than dismissed on merits - Court can adjourn case - Appellate Court considering matter on merits even when appellant not present and dismissing the..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Relief in respect of which no appeal is filed - Can be granted if such relief has a direct and inseparable link with the other relief so that without which the latter relief could not have been granted...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Interest - Refusal by trial Court - Granted by first appellate Court in absence of an appeal or cross objections - Held, refusal of interest itself constitutes an independent and separable portion of decree, which requires to be appealed against and without which no relief could have been granted by lower appellate Court -..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Powers of appellate Court - First Appeal - Raising of issue on merits - First time before Appellate Court - There is no bar in deciding the same before remitting case to trial Court to frame and try any issue which trial Court committed to frame or try the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objection is to be only on those grounds which could have been available by way of an appeal...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Dismissal of on ground that only uncertified copy of decree sheet attested by Advocate filed and not the certified copy - The certified copy filed only after expiry of limitation - Held that as per the proviso, filing of certified copy is not sine qua non - As an attested copy was filed along with appeal, therefore,..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of document - Sought by way of Additional Evidence - Failure to produce earlier - Sufficient opportunity granted - Failure not explained - Order rejecting application for producing additional document is proper...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Grant of permission to adduce additional evidence - Suit for declaration and injunction declaring that respondents are not wife and children respectively - Suit decreed partly - Appeal against, filed by respondents - While appeal was posted for judgment two applications were filed by respondents under S.151, one..........
