Civil Procedure Code, 1908, Section 151, Order 22, Rule 9, Civil Procedure Code, 1908, Section , Order 41 -- Dismissal of appeal for non-prosecution by persons interested - Can be only under Section 151 - Not under any other provision of Order 41 - Appeal if dismissed under Section 151 - Article 122 Limitation Act has no application - Court when makes order under Section..........
Limitation Act, 1963, Article 137, 122 -- Application by person not a party to proceedings for restoration of appeal dismissed for non-prosecution - Falls within scope of Article 137 - Not within scope of Article 122 - Application filed within 3 years for setting aside order of dismissal of appeal - Within time - Civil Procedure Code, Section 151 and Order 22 Rule 9 &..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Delay of 126 days in filing appeal - Appellants averment that its counsel did not file appeal despite repeated visits by its local representative - In case the local representative came to know the inaction on the part of the counsel then he could take up the matter with the company and engage..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- as amended and Explanation as inserted by Act 104 of 1976 - Power of Appellate Court to interfere with and reverse or modify decree appealed against in absence of any cross-appeal or cross-objection by respondent - Suit for specific performance of agreement to sell in which plaintiff claimed refund of money in lieu of/in..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- sub-rule (1) as amended and Explanation newly inserted by Amendment Act 104 of 1976 and sub-rule (4) - Sub-rule (1) read with Explanation gives a right to respondent, when decree entirely in his favour, to take cross-objection to a finding recorded against him either while answering an issue or while dealing with an issue -..........
Civil Procedure Code, 1908, Order 41, Rule 33, 4 -- Rule 4 seeks avoiding conflicting decrees in the same suit - Rules 33 and 4 confer power of widest amplitude on Appellate Court so as to do complete justice between the parties - Unfettered by consideration of facts like subject-matter of appeal, who has filed the appeal and whether appeal is being allowed, dismissed or..........
Arbitration Act, 1940, Section 39 -- Appeal - Cross objections can be filed - However, if appeal is dismissed as not maintainable then cross objections shall also fail and cannot be heard or decided on merits...........
Escalation of cost of construction -- Plot allotment - Delay of 9 years in delivery of possession - Difference between 1991 plinth rates and 2001 plinth rate Rs. 1200/- per square meters - The plot in question measuring 180 Sq. yards and the escalation costs calculated at Rs. 2,16,000/- - The District Forum gave adequate reasons for allowing the costs of escalation to the..........
Penal Code, 1860, Section 363,366,376 -- Rape - Appreciation of evidence - Prosecutrix aged about 14 years at the time of occurrence stated that she was subjected to sexual-intercourse by the appellant forcibly - Even if it is presumed that she was subjected to sexual inter-course with her consent by the appellant, then also, it is no consent in the eyes of law because she..........
Insurance claim -- Fire Policy `A' including risk for damages caused by Floods - Flash flood causing damage to the building and household goods of the complainant - Complainant lodging claim for a sum of Rs.50,900/- towards renovation of building and Rs.25,000/- for loss of household goods and personal effects - Opposite Parties offering a sum of Rs.20,276/- - Complainant..........
