Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Does not bind a party who remained ex parte - Compromise decree bind only the consenting party or signatory to the compromise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 28 kg poppy husk - Identity of accused - Driver of scooter on seeing police party ran away and thereafter accused was arrested after a long delay - In absence of two independent witnesses, identity of accused at the spot is doubtful - Even, ASI admitted that he do not know regarding details of..........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6 -- Permission to file suit as an indigent person - Application cannot be allowed without issuing a clear notice to the opposite party...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6, Himachal Pradesh Tenancy and Land Reforms Act, 1972 - - Permission to file suit as an indigent person - Plaintiff physically disabled person - Plaintiff entitled to relief of non payment of Court fee in terms of the provisions of Himachal Pradesh Legal Services Authority Act, 1987 - Held, when application is filed U.O.33..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner failed to establish his possession over suit property on basis of unregistered agreement to sell or that said agreement contains any clause of transfer of possession - Agreement which does not even reflect transfer of possession of suit property, cannot entitle petitioner for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-issuance of notice u/s 80 CPC - Averment in complaint that an application is filed separately to dispense with notice u/s 80 CPC - Held, it cannot be concluded by examining averments in plaint that plaint is liable to be rejected on the ground that it is barred by law - Even otherwise, defendants who..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Plea of encroachment of land by defendant - Demarcation of suit land - Encroachment has to be proved by petitioner and for this purpose Local Commissioner cannot be appointed to collect evidence for either party - Nothing on record to suggest that petitioner approached Revenue Authorities for demarcation..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Nothing but a bundle of facts and therefore, cause of action or joinder or misjoinder of party, cannot be made subject matter of exercise of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10, Himachal Pradesh Urban Rent Control Act, 1987, Section 2(d) -- Impleadment of a party - Eviction petition - Rent petition was filed somewhere in year 2011 and application for impleadment as a party was filed by present landlord only in the year 2017 - There is no cogent explanation as to what took landlord almost 6 years to..........
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(12)(a) -- Appointment of sole arbitrator - Impleadment of no, signatory party to an arbitration agreement - Agreement executed between applicant and respondent no.1 having arbitration clause - Respondent no.2/Belgium Company was neither signatory to arbitration agreement nor did have any causal connection..........
