Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Dispute as to - It is incumbent upon the court to determine and decide as to who is the legal representative - For such a decision Court must hold an enquiry and for that evidence may even be adduced - Decision is limited and is only for the purpose of carrying on with the suit - Determination of the..........
Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for declaration on the basis of adverse possession - Defendants order to be served by way of publication - Exparte decree - Setting aside ex parte decree - Ex parte decree passed without publishing notice for service on defendant as directed by Court - Order setting aside..........
Prevention of Corruption Act, 1947, Section 5(1)(d, 5(2) -- Bribe - Refund of security - Accused a senior auditor - Accused already done his work and nothing remained to be done by him - It is inconceivable that accused would ask for bribe to release an amount the payment of which had already been sanctioned by him and order could not be recalled - Cheque was to be..........
Civil Procedure Code, 1908, Order 26, Rule 5 -- Video conferencing - Examination of a witness by video conferencing is permissible...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Service of summons through substituted service by publication of notice in newspaper - Limitation - Starts to run from the date of knowledge of ex parte decree and not from the date of passing of the decree -..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Rights of parties are to be adjudicated upon merits of the controversy and a party should not be thrown out merely on technicalities - Even if a party has been negligent in defending the proceedings still the other party can be compensated through costs...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Service of summons by publication in a newspaper - Report on summons that tenant working as Munim elsewhere and that adult members of family of tenant refused to divulge his address - Held, the only way left to serve the tenant was to serve him by publication of a notice in the newspaper in circulation..........
Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Summons - Corporation - Service of summons on employee of defendant who was not authorised to receive it - It does not amount to valid service of summons...........
Civil Procedure Code, 1908, Order 20, Rule 1, 5 -- Finding not found in operative portion of judgment - After discussion of an issue if it is held that issue is decided accordingly then there is no necessity to sum up the case in the operative portion i.e. last portion of the judgment - In such an event entire discussion portion automatically becomes operative and whatever..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Enlargement of time - Provision applies where any Act is silent about enlargement of time and does not specifically exclude the same...........
