Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action for filing suit for permanent injunction against encashment of bank guarantees was distinct than subsequent suit for recovery after alleged wrongful encashment of such bank guarantees - Cause of action in both the suits are different and suit for recovery could be filed only after..........
Suit for Recovery - - Parties are partners in the firm - Plaintiff obtained signatures of defendant on pretext of procuring loan,and he in good faith signed those papers - Plaintiff misused those documents and fabricated the pronote and also receipt - Witness admitted their signatures on pronote and receipt - Plaintiff failed to lead any evidence to prove passing of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Recovery suit - Application in question filed at argument stage - Plaintiff had knowledge about objection with regard to territorial jurisdiction of Court in view of written statement filed by defendants after filing of plaint - However, despite filing replication, plaintiff did not seek any withdrawal of suit..........
Companies Act, 1956, Section 434(1)(a) -- Winding up petition - Limitation - Suit for recovery based upon a cause of action that is within limitation cannot in any manner impact separate and independent remedy of a winding up proceeding...........
Transfer of Property Act, 1882, Section 106 -- Determination of tenancy - Suit for recovery of possession - Arrears of rent - Payment or non-payment of arrears of rent in advance would be of no consequence for deciding entitlement of respondent to seek recovery of possession of suit property on basis of determination of tenancy of appellant in view of notice issued by..........
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 34 -- Pronote - Suit for recovery - Non production of account books - It is of no consequence when there is no evidence on record that plaintiff in fact indulged in business of money lending and obviously plaintiff was not required to maintain books of account...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Suit for recovery of possession - Plaintiff was having settled possession after having purchased plot in question and had also constructed house as well as wall for which necessary documents produced on record - Settled possession is thus, clearly made out which means that possession is effective, undisturbed and is..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Hand loan - Recovery suit - PW1/power of attorney holder of plaintiff is admittedly father of plaintiff - He had full personal knowledge of entire loan transaction, as loan transaction is routed through him and he was present during course of transaction - Merely because PW1 is a special Power of..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Alteration of year of promissory note in legal notice - Merely because there is an alteration in the year of Promissory note in legal notice, by itself cannot be concluded that there was no such loan transaction - Wrong mentioning of year in legal notice was purely due to typographical error and..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Objection of defendant that he never met plaintiff - When approach to loaner/plaintiff by defendant/loanee was through PW1 and it was PW1 who handed over said cash amount on behalf of plaintiff to defendant in house of defendant, no, meeting of plaintiff and defendant in person would not imbibe any..........
