Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of matrimonial case to place `K', where three other cases filed by wife are already pending - No prejudice would be cause to both the parties - Moreover, considering the convenience of wife, who is an unemployed, request of wife to transfer case is justified - Transfer application..........
Rent and Eviction -- Mesne profits - Determination - Applicability of Old or New Act - As per the provision in New Act, suit or proceeding, if any, pending on the date of notification issued by State Govt. for applicability of the New Act such proceeding would continue under the Old Act and New Act has no application - Since suit was filed under the Old Act as such New Act..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Condition to pay Court fee not complied with - Plaintiff failed to make prayer for extension of time - On the contrary, defendants asked for deletion of amendment which was sought by plaintiff - Court rightly allowed the application - High Court declined to extend the period as order of paying Court fee..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Suit for declaration, possession and permanent injunction is pending at the stage of recording of plaintiff's evidence - There is no dispute of demarcation of property in question - Prima facie filing of application U.O.26.R.9 CPC is an attempt by plaintiff to collect evidence which is not..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Matter pending in a Court at a distance of 60 kilometers which are adjoining districts - Small distance not overwhelming reason to order transfer of matter - Application dismissed...........
Service -- Compassionate appointment - Appellant being son of deceased employee applied for appointment on compassionate ground under 1990 Rules, as mother of appellant was unable to take job due to her medical condition - He was fulfilling all the conditions for appointment on compassionate grounds under 1990 Rules - However, application of appellant pending and no order..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 10 years 8 months in filing appeal - Appellate Court condoned the delay without giving notice to plaintiff and without hearing him - Proper procedure for appellate Court to not admit condonation application but to keep it pending and issue a notice upon other side to..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Earlier suit qua the subject matter of present suit pending consideration in second appeal - Appeal is continuation of suit - It can be safely held that lis in between the parties qua the same subject matter is sub judice before a competent court - Undeniably there is possibility of conflicting..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Cause of action for transfer petition wholly accrues at District Shahjahanpur which is beyond the specified area of Oudh - In the matter relating to transfer of case from one district to another, if the case is pending before a Court which is within specified area of Oudh only in respect of such cases, Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 60 kg Ganja - Bail - Quantity of ganja seized from possession of petitioners is a commercial quantity - Bar and rigor contained in S.37 of NDPS Act, applies to the case - Prima facie case against petitioners is made out -..........
