Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Replication - Filing of documents alongwith replication - There is no complete bar on production of documents alongwith replication at a later stage - Requirement is one of seeking leave of Court - Procedures are handmade of justice and cannot be used to deny the same...........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3)(4) -- De-exhibiting a document - Document produced alongwith replication, without seeking leave of Court - Same exhibited during examination of plaintiff without any objection being raised by defendant - Defendant also cross examined on..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Sought to be framed in the light of counter claim - Counter claim rejected by Court - Framing of an additional issue in the light of counter claim does not arise...........
Central Goods and Services Tax Act, 2017, Section 2(52), Constitution of India, 1950, Article 32, 14, 19(1)(g) -- Lotteries - Tax - Challenge to provisions of Central Goods and Services Tax Act, 2017 insofar as it imposes tax on lottery - Writ petition alleging violation of Article 14 specially with respect to parliamentary Act can very well be entertained under Article 32..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Merely on the ground that Nazarat Branch is not working due to Covid, non-issuance of warrants of possession cannot be justified - Valuable rights of landlord are being taken away due to a logistical issue with which..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Police aid can be granted even at first instance so as to ensure quick delivery of possession to the decree holder...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Repeated adjourning of execution petitions of decree which are not stayed and which are executable, deprives the decree holders of extremely valuable rights specially in the case of decrees of possession which may be..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Possession of secured asset - Time limit to take action by District Magistrate is fixed to impress upon authority to take possession of secured assets - Inability to take possession within time limit does not render the District Magistrate Functus Officio -..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Limitation Act, 1963, Section 14(2) -- Delay in filing appeal - Condonation of - Applicability of S.14(2) of Limitation Act - As per facts one petition was filed to challenge demand notice and other to challenge sale notice - As per S.14 of Limitation Act, time..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Insolvency and Bankruptcy Code, 2016, Section 14, 31, Indian Contract Act, 1872, Section 128 -- Proceedings against guarantor - Under SARFAESI Act when proceedings under IBC have been initiated against principal borrower and same pending adjudication -..........
