Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Before dismissal of suit conditions to be fulfilled are : (a) There must be an order to answer interrogatories, or for discovery or inspection; (b) If the plaintiff fails to comply with the order, the suit is liable to be dismissed for want of prosecution; (c) The party seeking discovery or inspection must apply to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction restraining Municipal Committee from demolishing wall and taking possession of land inside the Kothi - Land in dispute came under Town Planning Scheme for purposes of a road and a park and as such vested in Municipal Committee - Vendor of plaintiff given notice of..........
Civil Procedure Code, 1908, Section 47 -- Ejectment decree - Dispute raised as to the identity of suit property - Area and boundaries same in notice, plaint and decree - No dispute as to identity raised during the last 37 years of litigation - No difficulty to bailiff in identifying the premises - Objection rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20B(1), Criminal Procedure Code, 1973, Section 162 -- Appeal against acquittal - Notice Ex.PD and PD/1 under Section 50 to the accused held by the trial court tantamount to the statement before the police and is hit by Section 162 Cr.P.C. and as such inadmissible in evidence - Held that Ex.PD and Ex.PD/1 were..........
Civil Procedure Code, 1908, Section 80 -- Notice - Service, validity and sufficiency of notice - Failure to file office copy - Receipts and acknowledgment due showing receipt of Railway Receipts by Railway authorities - Nothing in evidence to show that receipts and acknowledgment due did not relate to receiving of notices u/s 80 CPC - Failure to file office copy of notice..........
Criminal Procedure Code, 1973, Section 377(3) -- Notice to appellant accused to enhance sentence while dismissing their appeal against conviction - Accused does not have right to canvass for his acquittal by reviewing the finding already made...........
Interest Act, 1978, Section 3, Civil Procedure Code, 1908, Section 34 -- Interest - Absence of agreement for payment of interest - Where suit is for recovery of business loan and creditor in his notice of demand has claimed interest, Court has to allow interest at appropriate rate for period from date of notice of demand to date of institution of suit and also future..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - The mere fact that some judgments could not be brought to the notice of the Court, cannot constitute a valid ground for review of the judgment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement during pendency of appeal - Suit for specific performance of contract - Amendment sought after 9 years of institution of suit and about six years after filing of appeal - Amendment sought to take a plea of being bona fide purchasers without notice of agreement of sale in question - Amendment..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Permission to sue in a representative capacity - Issuing of notice to defendants before granting permission to the plaintiff to sue in representative capacity is not mandatory and not required...........
