Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - To entitle a party to a decree in terms of O.12.R.6 CPC, admission must be categorical, unconditional and unequivocal...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where even if plaintiff admitted existence of title in favour of defendant No.9/applicant, that cannot per se disentitle him to an opportunity to prove his case at trial - There is no unequivocal or categorical admission in favour of defendant No.9 - As regarding relief of declaration sought, same are..........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Decree to hand over vacant possession of premises - Defendant was directed to pay mesne profits of Rs.7000/- per month as use and occupation charges till delivery of possession - In an appeal order as to status quo as regards possession was passed - Defendants enjoying premises without paying a single penny to plaintiff..........
Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 12, 17, 18, 20 -- Ex parte divorce decree - Setting aside - Publication in a Newspaper - No compliance of O.5.R.17 CPC - No endorsement by process server in terms of O.5.R.18 CPC - Process server not examined - Non compliance with the mandate of O.5.R.20 CPC before directing serve upon..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Power U.O.12.R.6 CPC is discretionary and cannot be claimed as a matter of right...........
Civil Procedure Code, 1908, Order 18, Rule 5, 6, 7, 8, 9, 10, 11, 12, 13, Civil Procedure Code, 1908, Order 50, Madhya Pradesh Accommodation Control Act, 1961, Section 23C -- Rent and eviction - Proceedings before RCA under Ch.III-A of the Act are summary in nature where application of CPC is limited to extend provided u/s.23C of the Act - Procedure to be adopted is akin..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Stay beyond period provided in the lease agreement - Defendant is liable to pay mesne profits - No evidence led to measure damages that can be awarded as mesne profits - Held, plaintiff is entitled to mesne profits of 15% per annum over the last paid rent - Plaintiff is also entitled to pendente lite and future..........
Consumer Protection Act, 1986, Section 12, Civil Procedure Code, 1908, Order 41, Rule 27 -- Consumer dispute - Additional evidence at appellate stage - Documents came into existence after filing of appeal before State Commission - Documents are relevant to establish the case of appellants - In absence of these documents, appellants would not be in a position to..........
