Electricity Act, 2003, Section 145 -- Civil Court jurisdiction - Bar of - Imposition of penalty as there was theft of electricity - Challenge thereto - Civil Court has jurisdiction when assessment made u/s 135 of the Act for theft of electricity is challenged - S.145 of the Act imposes a bar on Civil Court to entertain suit only in respect of a matter which an Assessing..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - While granting leave to defend Court imposed condition to give bank guarantee of Rs.15 lac within a period of one month - Defendant raised triable issues in his defence - Reasons not given for concluding that defence is either sham or illusory or is merely a moonshine - Court is..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of additional issues - Petitioners-plaintiffs instituted suit for declaration with consequential relief of permanent injunction - Application for framing of additional issues with regard to validity, genuineness of impugned Wills filed when case was listed for rebuttal evidence and arguments - Real controversy..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Where facts sought to be incorporated in the plaint were already in the knowledge of plaintiff at the time of filing the suit, in that eventuality, amendment cannot be sought after framing of issues...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration with consequential relief of damages - Issues raised are pure mixed questions of law and facts and can be determined only after adducing evidence by the parties - Application rejected...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Three issues viz. (a) issue relating to inherent jurisdiction; (b) limitation; (c) pecuniary jurisdiction tried as preliminary issues - Once the Court came to a conclusion that it does not have pecuniary jurisdiction to entertain the suit, it ought not to have proceeded for rendering the decision on the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit filed for injunction claiming to be in possession under the mortgage and suit was dismissed on the ground that mortgage was not true - Second suit filed for specific performance where one of the items of consideration is the mortgage itself - Held, finding regarding validity of mortgage and claim of..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Suit for declaration of title and injunction - Predecessors-i, interest of plaintiffs had all along fought earlier cases in Courts of competent jurisdiction in respect of suit lands for Nongspung clan - Held, subsequent suit raising same issues bared by res judicata and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as party - Rejection of application - Validity - - Construction of maternity center on disputed land - Issues involved in suit relate to claim of opposite party No.1 as lessee over suit land - Petitioners can have no say in such matter - Petitioners though social activists and representative of villagers, they..........
Criminal proceedings and civil suit -- Stay of civil suit till decision of criminal case - Civil suit cannot be stayed even if there is possibility of conflicting decisions in the civil and criminal court, as, such an eventuality cannot be taken as a relevant consideration - Secondly written statement is already filed in the civil suit and issues stand framed as such the..........
