Civil Procedure Code, 1908, Section 79, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of S.79 CPC - Defendant ought to have been named as Union of India in suit - These errors or mistakes committed in drafting of plaint could have very well be remedied by trial Court in exercise of powers U.O.1.R.10 CPC or U.O.6.R.17 CPC - Order rejecting plaint held, not proper..........
Electricity Act, 2003, Section 125, 79, Civil Procedure Code, 1908, Order 41, Rule 22, Constitution of India, 1950, Article 12 -- Appeal - Condonation of delay - Declining to condone delay in preferring an appeal against order of CERC - Appellant entered into two Power Purchase Agreements - Failure of appellant in supplying electricity in second PPA agreement at settled..........
Civil Procedure Code, 1908, Section 79, Order 1, Rule 9, 27, Constitution of India, 1950, Article 300 -- Suit against State or Union of India - Relief when sought against State or Union of India then State or Union of India must be impleaded as a party - In case it is not so impleaded, suit is not maintainable for want of necessary party...........
Civil Procedure Code, 1908, Section 34, Negotiable Instruments Act, 1881, Section 79, 80 -..........
Civil Procedure Code, 1908, Section 79 -..........
Civil Procedure Code, 1908, Section 79, Order 27, Rule 1, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3 -- Punjab Tenancy Act - Plaintiff filed suit that he has acquired occupancy rights under provisions of ,S. 3 - Plaintiff did not array Gram Panchayat as party - Union of India made party and arrayed as owner, but not sued through..........
Civil Procedure Code, 1908, Section 79, Order 1, Rule 9, Civil Procedure Code, 1908, Order 27, Rule 1 -- Necessary party - Suit for declaration seeking certain rights over the suit land admitting that land belonged to State Govt. - If any relief is claimed against the State, then State is a necessary party - In absence of owner of the land, no such declaration can be..........
Civil Procedure Code, 1908, Section 79, Order 27, Rule 1 -- Suits by or against the Government - Parties to be impleaded are Union of India or Central Government or the State or State Government - Non joinder of necessary party is fatal...........
Civil Procedure Code, 1908, Order 21, Rule 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 -- Execution - Sale - Is to be in accordance with prescribed procedure - Court is bound to follow the said mandatory procedure and in no case, except where the J.D. himself gives consent, Court can dispense with or by pass the prescribed..........
Civil Procedure Code, 1908, Order 21, Rule 76, 79(3), 80 -- Execution - Sale of shares - Restriction on transfer by Articles of Company - Held, Court sale of such shares does not have effect of removing restriction - Company is well within its right to refuse to register transfer of shares in favour of auction purchaser...........
