Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction of Court - Recovery suit on the basis of dishonoured cheque - Cheque presented in Bank at place `C' and dishonoured - Dishonor of cheques at place `C' which is a part of the cause of action for plaintiff's suit would bring the suit within territorial jurisdiction of Court at place `C' - Order of..........
National Highways Act, 1956, Section 3(H) -- Acquisition of land - Compensation - Apportionment of amount - Dispute relating to apportionment of amount determined towards compensation can only be determined by Principal Civil Court of original jurisdiction...........
National Highways Act, 1956, Section 3(H) -- Acquisition of land - Compensation - Apportionment of amount - If any dispute arises as to apportionment of amount or any part thereof or to any person to whom the same or any part thereof is payable, then, competent authority shall refer the dispute to decision of Principal Civil Court of original jurisdiction within the limits..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of cost - Cost accepted - Once there is acceptance of cost, the same order cannot be challenged in appeal on different grounds...........
Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Defendant can be permitted to file documents which were not filed along with written statement with leave of Court - Court is having discretion to grant leave to defendant - However, discretion conferred upon Court to grant such leave is to be exercised judiciously...........
Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff admitted that property for which application for injunction was filed was in possession of defendants for which plaintiff had filed a suit for recovery of possession - If injunction is granted in favour of plaintiff, it is not plaintiff who will suffer irreparable loss or damage but it is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that appropriate prayer not made - This is a matter ultimately to be decided in the suit and not an issue to be considered while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Earlier application filed U.O.7.R.11 CPC was dismissed - Subsequent application filed U.O.7.R.11 CPC rightly not maintainable being barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata/constructive res judicata is applicable in the same proceeding during pendency of suit at successive stages...........
