Civil Procedure Code, 1908, Order 21, Rule 37, Motor Vehicles Act, 1988, Section 168 -- Motor Accident - Award of compensation by Tribunal - In execution of award, Court ordered arrest of the petitioner - Order challenged on the ground that no show cause notice was given before passing order of arrest - Plea of petitioner disallowed - Held, show cause notice not required..........
Negotiable Instruments Act, 1881, Section 138, 118(a), Civil Procedure Code, 1908, Order 37, Rule 1 -- Dishonour of cheque - Summary suit - Defendant purchased timber from plaintiff and he issued cheque towards price of that timber - Defendant has not denied his signature in cheque - Defendant has no case that he had kept blank signed cheques - It is not stated that cheque..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Petition U.O.37.R.4 CPC to set aside ex parte decree - Besides giving special circumstances which prevented from appearing or applying for leave to defend it has also to be shown by affidavit or otherwise, facts which entitle him leave to defend the suit - Without details of defence petition U.O.37.R.4 CPC is not..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 21, Rule 37 -- Maintenance pendente lite - Execution petition - Arrest and detention - Procedure prescribed is to be followed - Scope of enquiry is as to the means, possessed by J.D. and his disinclination to pay the decretal amount - Order of detention set aside as prescribed procedure not followed...........
Civil Procedure Code, 1908, Section 9, Order 37, Rule 1 -- Jurisdiction of Civil Court - Suit for recovery - Agreement between parties exclusively vesting jurisdiction on Civil Courts of place `R' - Said agreement cannot be illegal or invalid - Suit liable to be filed in said Court...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Suit claim Rs.2.66 crores and leave to defend granted on deposit of Rs.2 crores - Conditions imposed while granting leave to defend should not be unduly onerous - Appellant to deposit a sum of Rs.1.10 crores within a period of two months and further a sum of Rs.90 lacs to be deposited..........
State Financial Corporations Act, 1951, Section 31, 32, Civil Procedure Code, 1908, Order 21, Rule 37 -- Recovery of dues - Special procedure for implementation of order passed in petition u/s 31 of Act is provided - Resort to execution proceedings under Civil Procedure Code is not permissible...........
Specific Relief Act, 1963, Section 37, 38, 6, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trespasser in possession - Suit for injunction - Injunction cannot be granted in favour of trespassers and against the true owners of the suit land...........
Civil Procedure Code, 1908, Order 37, Rule 3(7) -- Summary suit - Court is empowered U.O.37.R.3(7) CPC to excuse the delay on the part of defendant in entering an appearance for sufficient cause...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Leave to defend - Suit for recovery of money - Facts projected in application for leave to defend supported by allegation contained in FIR - Contention that trial Court has formed opinion on the basis of the allegations contained in FIR - Held, leave granted is not solely on the basis of the allegations mentioned in FIR -..........
