Civil Procedure Code, 1908, Section 34 -- Interest - When becomes principal sum - Subject to voluntary contract between the parties and/or established practice or usage interest on loans and advances may be charged on periodical rests - Interest if not paid the same to be capitalised - Principal sum actually advanced coupled with the interest advanced coupled with the..........
Constitution of India, 1950, Article 226 -- Dismissal in limine of writ petition - Speaking order - Necessary - Reasons are flesh and blood of judicial adjudication - Such reasons must be shown in orders liable to be challenged in Superior Court - Writ petition disposed of without stating any reason whatsoever and order reads - 'We have heard the learned counsel on merits...........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C. - Appellant held to be in possession - Revision against, dismissed - High Court set aside the order holding that respondent had not been given an opportunity to file written statement and adduce evidence - Held, High Court erred in law in exercising its jurisdiction under Section 482 Cr.P.C...........
Civil Procedure Code, 1908, Section 20, 2(e), Arbitration and Conciliation Act, 1996, Section 34 -- Territorial jurisdiction - It cannot always be said, in view of S.20 of CPC that only one Court has jurisdiction to try the suit - Territorial jurisdiction is conferred upon a Court on various considerations - Once it is brought to the notice of a Court that proceedings..........
Civil Procedure Code, 1908, Section 92, Order 7, Rule 11 -- Leave of Court - Notice to defendant - As a rule of caution, Court should normally give notice to the defendants before granting leave to institute a suit under the said section but the Court is not bound to do so - If a suit is instituted on the basis of such leave, granted without notice to the defendants, the..........
Hindu Marriage Act, 1955, Section 13, 13B, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce petition - On joint request of parties an application U.O.6.R.17 to convert original petition into a petition u/s 13-B was allowed - Marriage has irretrievably broken down - No chance of reconciliation and resettlement of matrimonial home - There is substantial compliance to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of appeal as well as suit with permission to file a fresh suit on same cause of action - Court before granting permission must be satisfied that the suit bound to fail by reason of some formal defect or that there are otherwise independent sufficient grounds for allowing plaintiff to institute a fresh suit for..........
Civil Procedure Code, 1908, Section 35A -- The Court has to remind itself of section 35-A, Civil Procedure Code and take deterrent action if it is satisfied that the litigation was inspired by vexatious motives...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from dispossessing plaintiffs from land in a suit for declaration that defendant No. 1 is owner of suit land as recorded in Jamabandi and plaintiffs are Gair Marusi tenants of defendant No. 1, there is relationship of landlord and tenant between the parties and defendant No. 1..........
Civil Procedure Code, 1908, Order 41, Rule 3 -- A-Appeal when presented after expiry of period of limitation - Unless along with the appeal application filed seeding condonation of delay - Appeal cannot have any existence - Cannot be entertained - Facts have to be alleged as to why delay occurred in filing of appeal - Where no application filed - No ground to entertain..........
