Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Issues were framed and trial Court proceeded with case..........
Civil Procedure Code, 1908, Order 37, Rule 1, Partnership Act, 1932, Section 69(2) -- Money suit - Suit by registered partnership firm - Maintainability - Certificate of registration of plaintiff-company proved during trial - Firm being a registered partnership firm, entitled to sue and enforce its right arising out of a contract by or on behalf of any person showing as a..........
Civil Procedure Code, 1908, Section 17, 16(d) -- Territorial jurisdiction - Suit relating to immovable property - Property situated within jurisdiction of different Courts - Suit may be instituted in any Court within local limits of whose jurisdiction any portion of said immovable property is situated...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Plaintiff file suit for declaration that agreement to sell stood revoked - Plaintiff are liable to pay ad valorem court fee as they being executant of agreement to sell are liable to pay ad valorem court fee on consideration received by them - Petition dimissed...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Earlier decree passed by Court of competent jurisdiction in favour of petitioners - In spite of said decree defendants forcibly dispossessed plaintiffs, which became compulsive necessity of plaintiffs to file suit for possession on basis of title - Petitioners were not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Contentious issue particularly with regard to authenticity of Mutation entry and question as to whether there was a complete or partial redemption of mortgage property did raise substantial questions of law which required High Court to frame appropriate..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for rendition of accounts - Report - Objection was raised that slips produced by plaintiff were inadmissible in evidence - Once slips is proved to be in handwriting of Accountant, slips cannot be held to be inadmissible in evidence...........
Civil Procedure Code, 1908, Order 9, R -- Restoration of suit dismissed for default - No delay in moving an application for restoration - Mistake in noting date of case - Rules of procedure are meant for advancing cause of justice - Both parties must be granted due opportunity to put up their best case before court - Suit restored...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Family Courts Act, 1984, Section 7 -- Rejection of plaint - Suit for recovery of money involving amount settled between parties, relating to marriage dispute - Jurisdiction of Civil Court - Suit cannot be treated as a simple suit for recovery of money rather Court undertaking such process is bound to take up question..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Petition and not suit filed under a special enactment - CPC not applicable except to a limited extent - Application dismissed as not maintainable...........
