Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 254 days in filing appeal - Delay on account of not having sufficient funds to pay Court fee - Insufficient funds not a ground to condone delay...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - JD contended that property auctioned does not belong to her husband - However, no documents were filed to that effect - Unless JD proves that sale was conducted because of fraud or irregularity in publishing proclamation of sale or substantial injury or non-issuance of notice, sale cannot be..........
Court Fees Act, 1870, Section 7(V)(I)(c) -- Court fee - Valuation of suit - Payment of Court fees taking annual rental value of immovable property is one of safe methods for determining market value of property in terms of S.7(V)(I)(c) of the Act...........
Court Fees Act, 1870, Section 7(V)(I)(c) -- Court fee - Valuation of suit - Aspect of circle rate as notified by Collector of district cannot be a valid proposition for determining market value of a suit property, as such assessment is only for purposes of registration of deeds and imposing stamp duty by revenue authorities...........
Civil Procedure Code, 1908, Section 16 -- Unlimited pecuniary jurisdiction - Objection regarding valuation of suit and Court fees - Where suits are filed in a Court having unlimited pecuniary jurisdiction, defendant does not have any vested right to raise objections regarding valuation of suit property and Court fees paid thereon - In case valuation is disclosed by..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Under trial prisoners - Directions issued that: (i) Court which grants bail to an undertrial prisoner/convict would be required to send a soft copy of bail order by e-mail to prisoner through the Jail Superintendent on the same day or next day - Jail Superintendent would be required to enter the date of grant of bail in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Plaintiff claiming that they are in joint possession along with defendants - Contention that plaintiffs are not in joint possession is a question of fact, which will be decided after evidence is let in - Court can collect Court fee at any stage of suit - Application..........
Civil Procedure Code, 1908, Order 13A, Rule 3(a) -- Summary judgment - Court not in a position to record a finding with degree of certainty that defendant has no real prospect of successfully defending the claim - Case would not be covered by eventuality of O.13-A.R.3(a) CPC - No case therefore, was made out for City qrCivil Court to pronounce a summary judgment on the..........
Civil Procedure Code, 1908, Order 13A, Rule 7 -- Conditional order U.O.13-A.R.7 CPC - Sine qua non for making a conditional order U.O.13-A.R.7 CPC is arrival of a conclusion by commercial Court that there is a possibility of claim succeeding...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Court should take a lenient view when application is made for production of document U.O.8.R.1-A(3) CPC...........
