Civil Procedure Code, 1908, Order 23, Rule 3 -- When some offer is given by a party and that offer is to be accepted by the opposite party - The statements of both the parties should be recorded on the record and such statements should be signed by the parties and their counsel so that no ambiguity may be left over for the future...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Status of the complainant as a consumer to claim compensation from the bank against whom allegation of deficiency in rendering service has been made in not getting the cheque encashed from the appropriate branch - No doubt, the complainant in his affidavit has stated that on 03.11.1993 the value of the shares of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Application for impleading in place of defendant on ground that applicants have purchased disputed property during pendency of suit - No permission of Court was obtained for sale - Doctrine of lis-pendence hits such sale - Moreover, suit was merely for..........
Agreement to sell -- Suit for specific performance - Respondents Nos.2 & 3 put in possession after institution of suit and as such were not bona fide purchasers - If such acts are allowed no contract will be enforced and parties will try to avoid contract by inducting third party in possession - Decree of trial Court granting decree for specific performance upheld...........
Arbitration -- Misconduct - Arbitrator conducted sittings at the premises owned by one of the parties - Tea and refreshment also offered during proceedings - No objection of any sort was taken by either party - Held, arbitrator could not be said to have corrupted himself...........
Arbitration -- Misconduct - Arbitrator conducted sittings at the premises owned by one of the parties - Tea and refreshment also offered during proceedings - No objection of any sort was taken by either party - Held, arbitrator could not be said to have corrupted himself...........
Civil Procedure Code, 1908, Order 12, Rule 3-A -- Case posted for judgment after hearing arguments of the parties - Application U.O.12.R.3-A CPC to call upon the party to admit document - Held, no proceeding pending - Rejection of application is justified...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Application filed at the fag end of the case when it was posted for arguments - Held, technicalities of procedure should not hamper the dispensation of justice - Court did not record any evidence before passing the order - Other party can be duly compensated with costs due to delay in filing the application - Application..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Proper party - Where the presence of the applicant is necessary for complete and effectual adjudication of the dispute, though no relief is sought, he is a proper party - Necessary party is one without whose pres-ence no effective and complete adjudication of the dispute could be made and no relief granted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Notice by Municipality for demolition of unauthorised building - Injunction suit by tenant - Held, landlord is a necessary or proper party to the suit for perpetual injunction - Order of trial Court impleading applicant as a party - Upheld...........
