Pronote -- Interest - Future and pendente lite - Principal amount or interest not paid inspite of notice - 1% p.m. interest held reasonable - Can be reasonably warded by the Court pendente lite - However, future interest can only be allowed 6% per annum on the principal amount, not including interest. (Civil Procedure Code, 1908, S.34, Interest Act, 1939, S.1)...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Defaulter - Securing presence of - Question about procedure to be followed and power of Presidents of District Forums to pass orders issuing warrants for securing presence of defaulters.
Held, neither the Act nor the rules framed by the State Government provides for any specific procedure to be followed in the..........
Civil Procedure Code, 1908, Section 151 -- Court has power to undo any injustice without being restricted by any procedural technicality - The procedures are handmaid of justice which cannot have tentacles to restrain a Court from removing injustice and rectifying its own mistake when the same is brought to is notice...........
Civil Procedure Code, 1908, Order 22, Rule 4, 10-A -- Counsel to inform Court on death of party he represents and thereupon Court gives notice of such death to the other party - Application filed within 30 days of the date of knowledge of the death of the respondent - Held, there is no abatement of appeal...........
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Representative suit - Provision of notice is mandatory and must be substantially fulfilled before a decree can be allowed to stand or passed under it - Notice not issued to all persons interested in the suit - Subsequent orders having been passed upon agreement and compromise..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complainant seeking examination of Advocate who sent the reply to notice - Allowed - However, it will be open to the respondent to contend that this reply was not sent at his instance...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for partition - In 1930 an award of the Arbitrator was made rule of the Court and the same was not challenged by any of the branches of the four sons as such decree was passed in terms thereof - Notice also issued to all the parties in writing by the Court informing them of the award being made rule of the..........
Civil Procedure Code, 1908, Section 47 -- Auction sale - 19 properties of J.D. put to auction in the auction notice - 9 properties already sold by the heirs and legal representatives of the J.D. - Court not finding collusion between the purchasers of the said none properties and the heirs and legal representatives of the deceased judgment-debtor - Properties rightly..........
Civil Procedure Code, 1908, Section 92 -- Defendants in response to notice filed detailed reply contesting the claim of the applicant - It becomes obligatory for the Court before granting sanction to look into the allegations in the plaint for ascertaining if prima facie the applicants have interest in the trust, whether it is a public trust of religious and charitable..........
Civil Procedure Code, 1908, Order 38, Rule 5(1) -- Rule is mandatory - Before issuing attachment notice it is incumbent on the Court to issue notice in Form No.5 (Appendix-F) - Issue of general notice not a compliance with mandatory requirement...........
