Partnership Act, 1932, Section 69(2) -- Partnership - Suit for recovery of amount filed by an unregistered firm - Held, subsequent registration of partnership firm cannot cure the defect of filing the suit in the name of an unregistered firm - Suit filed on behalf of unregistered firm not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal - Cross-objections are in the nature of cross appeal - To be registered and numbered separately - However, the same have to be decided along with main appeal - In the instant case cross objections not decided - Impugned judgment and decree set aside - Matter remitted for decision afresh, after hearing the parties...........
Electricity Act, 2003, Section 126 -- Unauthorized use of electricity - Imposition of penalty u/s 126 can be made not only on registered consumer but also on any other person indulging in unauthorized use of electricity...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Opposite party is active naxalite - Offence u/ss 147, 148, 149, 302, 382, 120B, 364 IPC and S 27 of Arms Act was registered against accused after being released on bail - He carries criminal antecedent of nine cases of serious nature - Opposite party appears to be threat to society and bail granted to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit court fee - Plaintiff has to value the relief of declaration and consequent cancellation of gift deed at the value of the suit property as reflected in the registered gift deed - Plaintiff to pay deficit court fee within a period of twelve weeks and failing to pay within the time granted, plaint..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Partnership firm - Death of one partner - Devolution of interest - A registered partnership firm, consisting of only two partners, filed suit when both partners were alive - During pendency of suit one of the partners died - Partner who died is none other than the father of..........
Evidence Act, 1872, Section 45, 47 -- Expert witnesses - Directions issued to control, regulate, certify, accredit and devise means for registering expert witnesses - Regulatory authority comprising of qualified concerned registered professionals and others related to field be also established to deal with situations where there are conflicting opinions of experts and..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - As a counter blast to the petition filed by husband for restitution of conjugal rights wife got registered a criminal case u/s 498-A IPC against husband and his family members - Wife was not interested in living with husband because according to her cruelty had been meted out to her - Husband after withdrawing petition u/s..........
Family settlement - - Partition - If a partition is brought about through an instrument which contains the bargain between parties, it is required to be written on appropriate stamp papers and duly registered - On the other hand, if partition is oral and a list is prepared as a fait accompli, then such an instrument, which is in the nature of an acknowledgement of an oral..........
Prevention of Corruption Act, 1988, Section 13, Finance Act, 1998, Section 95(iii) -- Government servant - Prosecution of - Immunity from prosecution under Kar Vivad Samadhan Scheme, 1988 - FIR registered and investigation commenced much prior to promulgation of scheme - Held, petitioner/accused not entitled to benefit of scheme...........
