Civil Procedure Code, 1908, Section 10 -- Facts stated in the affidavit in support of application an the same not denied as such it is not necessary that written statement should have been filed before an application under Section 10 CPC is filed - It is not necessary that copy of plaint should be produced...........
Civil Procedure Code, 1908, Section 9 -- Section 9 of CPC vests power in the civil court to try all suits of a civil nature except suits of which cognizance is either expressly or impliedly barred...........
Civil Procedure Code, 1908, Section 100 -- Section appeal - High Court not justified in reappraising evidence stating that concurrent finding of Courts below was perverse...........
Civil Procedure Code, 1908, Section 80, Order 27, Rule 5-A -- Suit for damages or other relief against a public officer - Govt. is to be joined as a party to the suit - Notice is to be served under Section 80 CPC - Notice served on officers of the government and not on State Govt. - Exclusion of notice period cannot be claimed - Waiver or silence or acquiescence does not..........
Civil Procedure Code, 1908, Section 115 -- Revision - Preconditions for interference - After amendment in S.115 of the Code, for interference with an order in exercise of revisional jurisdiction, three conditions must be fulfilled; firstly, that the case comes within any of the three clauses of sub-section (1) of S.115 of the Code; secondly, that against the order..........
Civil Procedure Code, 1908, Section 151, 144 -- Restitution - Suit for injunction - Interim injunction granted exparte but later vacated - Before filing appeal, defendant dispossessed plaintiff from suit premises forcibly -Appeal against order vacating interim injunction allowed and temporary injunction granted pending disposal of suit - Restitution can be ordered under..........
Civil Procedure Code, 1908, Section 92 -- Trustee - Challenge to appointment - Enquiry cannot be ordered if trustees were validly appointed - S.92 has no application unless three conditions are fulfilled; the suit relates to a public, charitable or religious trust; it is founded on an allegation of breach of trust or the direction of the Court is required for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Accused having conceded to make payment but not paying and filing the petition to quash criminal proceedings against him - Amounts to abuse of process of Court-Not entitled to relief under section 482 Cr.P.C...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Party coming into possession by violating order of injunction - Held, it is the duty of the court to restore possession by recourse to its inherent powers under Section 151 CPC...........
Civil Procedure Code, 1908, Section 60(1)(g) -- Gratuity - Payable by any employer is liable to be exempted under Section 60(1)(g)...........
