Civil Procedure Code, 1908, Section 6, 9, 16, 17, 18, 19, 20, 21) -- Lack of jurisdiction - Effect of - Order passed by a person lacking inherent jurisdiction is nullity - Principle of estoppel, waiver and acquiescence or res-judicata, being procedural in nature will not be applicable in a case were an order has been passed by Tribunal/Court without authority in that..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal - Restoration of appeal dismissed in default - Application signed by Advocate only and not supported by an affidavit - Restoration application cannot be dismissed for the reason that it is not signed by the party and an affidavit in support thereof is not filed - Sufficient cause explained for non appearance by..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(2), Civil Procedure Code, 1908, Section 13 -- Counter claim - Dismissed and plaint claim allowed - Defendant need not file separate appeal but single appeal challenging both findings is maintainable...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, Civil Procedure Code, 1908, Section 151 -- Transfer of civil suit for damages to Debt Recovery Tribunal for joint trial - Civil suit for damages against Bank for failing to fulfil its obligations in cash credit facility - Bank approaching Debt Recovery Tribunal for recovery of loan - Joint..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19, 19-A -- Substituted service - Munadi and publication in newspaper - Two modes - Once resort is made by publication then there is no necessity of ordering service by Munadi...........
Civil Procedure Code, 1908, Section 9, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18, 19 -- Recovery of Debts - Application by Bank or financial institution - Jurisdiction of civil Court is barred only in regard to such applications - Jurisdiction of civil Court is not barred as regards any suit filed by a borrower or any other person..........
Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit - Advocate - An Advocate is not supposed to file affidavits in any proceedings except where certain facts relating to his conducting of the case are required to be stated - Relief must be claimed on the strength of the pleadings made by the parties and not the Advocates...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1(3), Civil Procedure Code, 1908, Order 19, Rule 1 -- Eviction petition on ground of personal necessity - Subsequent event - During pendency of petition landlord obtained vacant possession of another shop - Fact has material bearing on ground of personal necessity - Purpose can be..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 19(1)(iiia) -- Divorce petition by husband - Wife seeking transfer of case to a place where she is living - Wife to look after her old aged mother and she being unable to attend Court due to lack of proper means and assistance - Transfer of petition ordered - As husband is 60 years old and is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 19-A -- Exparte decree - Setting aside - Defendant proceeded exparte on the basis of presumption raised U.O.5.R.19-A CPC - Registered cover and summons not addressed on the correct address - No illegality or infirmity in order setting aside ex parte decree...........
