Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Claim that cause of action arose on acknowledgment of debt - Supply of goods disputed by defendant - Genuineness of alleged issue of sales tax `C' forms to plaintiff also denied - Mere issuance of bill or invoice or one sided written offer would not amount to a written contract - There cannot be said to be an..........
Civil Procedure Code, 1908, Section 151, 152 -- Amendment of plaint followed by amendment of decree after confirmation of decree by the appellate Court - Petition is maintainable...........
Punjab Land Revenue Act, 1887, Section 90, 91, 92(2), 15 -- Order passed by Commissioner u/s 91 - Is final by virtue of S.92(2) - No review application is maintainable against such order - The provisions are akin to O.21 CPC - Revisional powers of the Commissioner are confined to the provisions other than those in Chapter VI of the Act and in that case also limitation..........
Criminal Procedure Code, 1973, Section 449 -- Forfeiting of bond - Order passed by Magistrate - Appeal to Sessions Judge dismissed - Further appeal to High Court - High Court deciding appeal on merits - Held, second appeal maintainable - Supreme Court treated order of High Court as one passed in exercise of a revisional jurisdiction...........
Limitation Act, 1963, Section 21 -- Suit for specific performance of entire property and court - fee paid on entire consideration, party entitled to benefit of contract not joining as plaintiff arrayed as defendant - Transposition of defendant as 3rd plaintiff - Objection that suit agreement falls into two parts - one - half of property proposed to be purchased by original..........
Negotiable Instruments Act, 1881, Section 138 -- Cause of action - Arises only once - Complaint filed after issuing a second notice and after 45 days of receipt of the first notice by the drawer - Complaint is not maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- A party who has not appealed from a decree or order may apply for review of the judgment irrespective of the pendency of an appeal filed by some other party - Circumstances where such an application would not be maintainable are (i) Where the ground raised in the appeal by the other party is common to the ground raised by the..........
Civil Procedure Code, 1908, Order 34, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 89, 90 -- Mortgage money - Deposit - Mortgagor can deposit mortgage money at any time before confirmation of sale - Steps U.O.34.R.5 taken before confirmation of sale - Order confirming sale would not become absolute till disposal of appeal, if filed, against confirmation of sale -..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - It is not proved on record that defendant was in adverse possession - His possession was permissive either in status of a tenant or in status of heir of a tenant - It is not established on record that plaintiffs were in possession of property on date of institution of suit - Held, suit for injunction is not..........
Rent and Eviction -- Building having residential and non residential portions let out under a composite lease deed - Eviction on ground of bona fide requirement of residence - Building let out for residential and non-residential purpose under a composite lease does not fall out side definition of `building' as in Andhra Pradesh Buildings (Lease, Rent and Eviction) Control..........
