Civil procedure Code, 1908, Order 9, Rule 13 -- Exparte decree set aside subject to payment of costs - Costs not paid - case adjourned-cost not paid on next date of hearing nor any such offer made-order dismissing application upheld...........
Stamp Act, 1899, Section 56 -- Deficiency in stamp duty and penalty - Order for recovery - Revision against - Revisional authority admitted revision for hearing on merits but stayed only the proceedings for realisation of penalty - High Court, in exercise of its writ jurisdiction stayed proceedings for realisation of stamp duty...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Notice of hearing to counsel for defendant - Counsel refusing to accept notice on the ground that he is no longer in case - Duty of Court is to issue notice to parties - Proceeding with case exparte is improper...........
Civil Procedure Code, 1908, Section 96 -- New plea - Plea neither raised in written statement nor urged before trial Court - Cannot be raised during hearing of first appeal...........
Telephone -- Subscriber alleged to be making use of free calls In collusion with the department officials - Before disconnection of telephone an opportunity of hearing should be given...........
Telephone -- Abritratlon - Procedure to be adopted by the arbitrator Is to be that of a trial of a suit in a civil court, adduction of evidence by the Department, then opportunity of cross examination to the petitioner and thereafter opportunity of adducing rebuttal evidence by the petitioner, participation in the enquiry by the petitioner and if he so chooses, to be..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Estimated value - To be ascertained after hearing both the parties - Should be given in the sale proclamation...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - It is the duty of Court to make enquiry either by hearing or examining parties and only on being satisfied that consent of parties has not been obtained by force, fraud or undue influence pass a decree for divorce - Court has to be satisfied about the bonafides as well as consent of parties...........
Specific Relief Act, 1963, Section 16 -- Ready & willing - Plaintiff has not only to aver that he is ready and willing to perform his part of the contract from the date of contract to the time of hearing the suit, but has also to prove the same - Readiness & Willingness must be in relation to the real agreement between parties - Absence of readiness & Willingness to..........
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 9 -- Plaintiff absent on date of hearing and no evidence adduced on his side upto the date of hearing - Suit dismissed - Dismissal order is one U.O.17 R.2 - Remedy is by way of an application U.O.9 R.9 to get the dismissal set aside - Appeal does not lie...........
