Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Setting aside - Fraud or collusion - Separate suit to challenge compromise decree is not maintainable - Compromise decree is to be challenged before same Court under provision of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Section 47 -- Compromise decree - Setting aside - Challenge to sale deed and delivery of possession of suit property by way of separate suit, which was given to petitioner in execution proceeding of compromise decree - Not maintainable - Proper remedy is to challenge the same before executing Court itself u/s 47 CPC...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Where drawer of dishonoured cheque is company, then prosecution for offence u/s 138 of the Act is not maintainable without arraying principal offender (drawer of cheque) as accused in such complaint...........
Stamp Act, 1899, Section 45(2), 41 -- Refund of excess stamp duty - Deficient stamp duty was asked to be paid u/s 41 of the Act - It does not come under the ambit of S.45(2) of the Act - Moreover, if the petitioner was aggrieved of demand of deficient stamp duty, he should have availed the remedies at that point of time by challenging the said order, but after paying the..........
Limitation Act, 1963, Section 5 -- Rejection of delay condonation application - Second appeal thereagainst lies - Writ petition against rejection of delay condonation application held, not maintainable...........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Application u/s 482 Cr.P.C. - Maintainable, even if criminal revision filed by applicant is dismissed...........
Legal Services Authorities Act, 1987, Section 20, 21 -- Award of Lok Adalat - Cannot be challenged invoking Article 227 of the Constitution - Members of Lok Adalat act as "conciliators" to facilitate settlement between the parties - They cannot decide a dispute - Lok Adalat is not an adjudicating body - If it has no power to adjudicate, it can neither be called as a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Appeal preferred against judgment and not against decree - Date of decree relates back to date of judgment - Time for computation of limitation for filing appeal commences to run from date of judgment and not from date of decree - Memo of appeal stating that appeal is preferred against judgment..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit for declaration and injunction - Instituted upon unregistered agreement to sell executed much after cut-off date - Therefore, plaintiff cannot take benefit of S.53-A of the Act as his claim is based upon unregistered document and hence, plaintiff claim is not maintainable...........
Constitution of India, 1950, Article 226, Manipur Land Revenue and Land Reforms Act, 1960, Section 93 -- Writ petition - Maintainability - As per S.93 of the Act, there must be existence of an order against which an appeal can be preferred - As such there is no order issued by any of the officers against which appeal can be preferred and moreover, State Government has..........
