Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13, Madras High Court (Original Statement) Rules, 1956, Order 5, Rule 1 -- Written Statement - Delay of about five years in filing - Condonation of delay - Appellants did not choose to file written statement for nearly five years - They have not filed written statement till they were set..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 3, 4, 5, 7, 22, Lease Hold of Sites and Building Rules, 1973, Rule 17 - - Conversion fee - Change of user of flat - Held, conversion fee is a condition precedent for term `change of use' as contemplated u/R.9 of 1960 Rules or R.17 of 1973 Rules - Levy of conversion fee is not claimed in exercise of powers..........
Central Sales Tax Act, 1956, Section 5, Karnataka Value Added Tax Act, 2004, Section 3, Customs Act, 1962, Section 2(11) -- Import - Export - Sales tax - Imposition of - Held, no tax on sale or purchase of goods can be imposed by any state when transaction of sale or purchase takes place in course of import of goods into or export of goods out of territory of India -..........
Central Sales Tax Act, 1956, Section 5, Constitution of India, 1950, Article 226, 32 -- Goods sold in duty-free shop at airport - Levy of sales tax - Alternative remedy - Challenge thereto by filing writ petition - Appellant had rushed to High Court without exhausting equally efficacious alternative statutory remedy - Single Judge of High Court directed appellant to move..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any decree that may be passed..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Postponement of matter till final decision of the suit - Held, Court should decide the question of striking off defence as a preliminary issue before allowing the parties to adduce the evidence on merits of the case - Not deciding such question as preliminary issue is not justified...........
Limitation Act, 1963, Section 5 -..........
Protection of Women From Domestic Violence Act, 2005, Limitation Act, 1963, Section 29(3), 5 -- Condonation of delay - S.5 of Limitation Act is applicable to proceedings under Protection of Women from Domestic Violence Act, 2005...........
Civil Procedure Code, 1908, Section 151, Article , Order , Rule , Limitation Act, 1963, Section 5, Article , Order , Rule -- Execution - Delivery of property - Application for - Delay in filing - Condonation - Application filed for delivery of property U.O.21.R.95 CPC - Said application dismissed for not taking appropriate step as ordered by execution Court - Subsequent..........
Punjab Security of Land Tenures Act, 1953, Section 5A, 5, 5C -- Surplus area - Entitlement of all purchasers to be served with notice before a decision is taken on surplus area proceedings - Held, they would all be relevant in cases where sales are crucially after the Amending Act in year 1957 to 6 months period when landlord has to give details of permissible area which..........
