Civil Procedure Code, 1908, Order 6, Rule 17, 2(3) -- Typographical error - Figure wrongly written - Failure to comply with the provisions of O.6R.2(3) as figure not written in words as well - Amendment disallowed...........
Arbitration Act, 1940, Section 2(c), Civil Procedure Code, 1908, Section 17, 20 -- Arbitration award - Validity - jurisdiction of Court - part of dispute which was the subject matter of dispute was within the jurisdiction of Civil Court at Nagpur - Court at Nagpur had part of the jurisdiction to entertain the suit - District Judge at Nagpur had jurisdiction to go into the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction-Can be granted only in rate or exceptional cases when there is every likelihood of the suit being decreed and the defendant has no arguable case...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 2, 10 -- Exparte proceedings - setting aside - plea that neither a copy of summons nor a copy of plaint given-application opposed by the other party - the proper procedure in such cases is to give an opportunity to the applicant to lead evidence and then right of rebuttal to the other..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary Issue - suit for rendition of accounts - territorial jurisdiction - cause of action arises at the place where the business is carried on and books of account use kept and where the accounts are to be rendered - Partnership deed available on record to reach decision on issue without adducing further evidence-issue..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 9 -- Petition under order 39 rule 2-A dismissed for default - restoration - in absence of a specific provision jurisdiction under section 151 CPC can be exercised...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 9 -- Petition under order S9 rule 2 - A dismissed for default - restoration - on the day the dismissal for default order was passed even the opposite side was not present - petition restored...........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Defendants supporting case of plaintiff have no right to lead evidence after the contesting defendants had closed their evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against co-sharer from raising construction over some portion of the joint property - When some co-sharers have already raised their houses on some portion of the land a similar use by one of the co-sharers cannot be denied to him by the other co-sharers and more so as undertaking given that in case of partition..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 13A, 2(g)(4) -- Implication of Section 13 that jurisdiction of Civil Court taken away when lis between Gram Panchayat and a private person and it relates to any of the questions specified in Section 13 - Section 13 not operative when lis or dispute between two private individuals - Any finding either way in..........
