Civil Procedure Code, 1908, Section 148A(1), Order 39, Rule 1, 2, 3 -- Party lodging caveat under Section 148-A(1) - Court to serve notice of application for injunction to caveator - Court has no jurisdiction to grant ex parte injunction order unless conditions prescribed therein are complied with - In view of provisions of O.39.R.3 and Section 148-A which make a mandatory..........
Civil Procedure Code, 1908, Section 99, Order 1, Rule 8 -- When neither a proper notice is issued U.O.1.R.8 nor is duly served on the persons concerned, the procedure amounts to an irregularity which vitiates the entire proceedings and cannot even be condoned under S.99 of the Code - Provision of O.1.R.8 is mandatory...........
Civil Procedure Code, 1908, Section 92, 115 -- Permission to sue - Order passed without giving opportunity of hearing to defendants - Neither illegal nor amounts to material irregularity in eyes of law - As such, no revision against that order is maintainable - Moreover, requirement of giving notice in disposal of application under Section 92 is merely a rule of caution..........
Civil Procedure Code, 1908, Section 20 -- Defendant a Pvt.Ltd.Co. having its registered office at place `B' and having its Head Office at place 6D' - Opposite party having its Head office at place `C and branch office at place `D' - Cheques issued from place `D' and payable at place `D' - Suit filed at place `G' when neither of the parties residing there nor any cause of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Contention that neither notice nor complaint within time - Held, at this stage it cannot be said that the complaint is either not maintainable or time barred - These are questions of fact...........
Civil Procedure Code, 1908, Section 80(2) -- Leave to institute suit without serving notice - Application filed alongwith plaint - No formal order passed by Court on application - Suit proceeded with - It can be implied that Court had granted leave - Leave need not be by formal order - It can be implied by action of Court...........
Civil Procedure Code, 1908, Section 99, 80 -- Leave to institute suit without serving notice - Application filed alongwith plaint - No formal order passed by Court - Suit proceeded with - Suit decreed - Appellate Court is barred from reversing decree merely because formal order of Court granting leave to dispense with notice is wanting...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of Courts below that purchaser is not bonafide purchaser for valuable consideration without notice of agreement of sale - No question of law is involved - No interference in second appeal...........
Civil Procedure Code, 1908, Order 21, Rule 1(2)(4) -- Cessation of interest - Takes place not by payment alone but from the date of service of the notice...........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Deposit made pursuant to a direc-tion by Court - Cannot be deemed that it was towards principal - Mere deposit in absence of notice and intimation that it was being deposited towards principal, it was for the decree holder to appropriate it towards the dues...........
