Civil Procedure Code, 1908, Section 148A, 115, Order 39, Rule 1, 2 - - Caveat filed by defendant but trial Court passed ex parte order and defendant restrained from interfering with plaintiffs possession over suit land - Plea that where a caveat is filed, Court cannot proceed with the matter unless caveator is given notice and opportunity to be heard and since Court passed..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Purported signature of tenant in English on notice - Tenant does not know how to put signature in English - Fraud committed to obtain ex parte decree - Exparte decree set aside...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Finding by Rent Controller in rent proceedings that there is relationship of landlord and tenant - Permission granted by Rent Controller to determine the lease by giving notice u/s 106 TPA - In the civil suit it was held that there is no relationship of landlord and tenant - Appeal not filed and the decision became..........
Civil Procedure Code, 1908, Section 51 -- Proviso - Arrest warrant - No warrant of arrest shall be issued without issuing notice and giving the J.D. an opportunity to show cause why he should not be committed to prison - Satisfaction of conditions (a), (b) or (c) is also required - Notice not issued - No satisfaction recorded - Issue of arrest warrant suffers from..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Notice - Additional evidence - To prove the date on which statutory notice was served - Notice sent on 6.10.1995 - Complainant alleging that after filing of the notice with the complaint the accused has tampered with the judicial record and has written date of receipt of notice as..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Objection that provisions of Order 21 Rule 66 not complied with by Executing Court before order for sale of mortgaged property was made - Rule 66(2) undoubtedly contemplates that a proclamation for sale shall be drawn up after notice to the decree-holder and judgment-debtor - Question of fact as to whether or not notice..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte decree - Setting aside - Nothing on record to show that the Court before issuing substituted service was satisfied that the defendant is keeping out of the way, for the purpose of avoiding service or that for any other reason the summons cannot be served in the ordinary..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of five cheque - One notice issued in respect of all the five cheques and one complaint filed - In terms of the provision under Section 219(1) of the Code of Criminal Procedure if a person is accused of more offences than one of the same kind committed within the space of 12 months from the first to the last of..........
Civil Procedure Code, 1908, Section 51(e), Order 21, Rule 30 - - Arrest of judgment - debtor without complying with First Proviso to sub - clause (e) of Section 51 - Cannot be ordered - Show cause notice not issued to judgment - debtor before ordering issue of warrants of arrest relying on provisions of Order 21 Rule 30 - Order set aside...........
Criminal Procedure Code, 1973, Section 482 -- Punjab Jail Manual, Paragraph 637 - Remission - During the period, the petitioners were on bail - Rearrest of the petitioners ordered on 09.01.1997 - They were readmitted in jail on 14.08.1997 - Special remission order provided that prisoners who have been released on bail shall be allowed the benefit only if they surrender in..........
