Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Challenge to order passed by Consolidation Officer alleged to be fraudulent and collusive - Civil Court has jurisdiction when order passed by authorities under the special law contravenes (a) Principles of natural justice; (b) against the statute; (c) without following the procedural law; (d) issued in..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of LRs - Determination - O.22.R.5 CPC specifically exists in order to determine the question as to legal representation of estate of deceased party in suit and if such issue is a disputed issue of fact, same is decided after leading of evidence...........
Criminal Procedure Code, 1973, Section 145, 146 -- Order of attachment - Petitioner in possession of premises - Eviction of petitioner without drawing conclusive proceedings in accordance with law - Not justified - Impugned order to the extent of eviction of petitioner set aside...........
Civil Procedure Code, 1908, Order 43, Rule 1(c), Civil Procedure Code, 1908, Order 9, Rule 9 -- Appeal - Order setting aside dismissal of suit for default - Order is not appealable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed on the ground of fraud and misrepresentation - Plaint rejected by holding that dispute between parties involve adjudication of question of title in respect of agricultural land - Held, a suit for cancellation of sale deed is cognizable before civil Court as per..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court either on its own or on an application filed on behalf of any party including an accused, since before, would pass an order relating to S.319 Cr.P.C. and there happens to be no clutch prescribed therefore...........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment of gratuity - Award of 12% interest - Interest is compensatory in nature - Court is not bound to direct payment of interest restricted at the rate of interest indicated in S.34 CPC - Merely because appeal arises out of a civil suit does not mean that Court cannot go beyond 6% interest - If ceiling is..........
Criminal Procedure Code, 1973, Section 468, Essential Commodities Act, 1955, Section 3(2)(h)(i), 7(1)(a)(i) -- Cognizance of offence - Limitation - Offence u/ss 3(2)(h)(i), 7(1)(a)(i) of Act of 1955 - Admittedly, date of occurrence is 18.12.2008 - Photo-copy of order sheet shows that final form was submitted on 4.7.2011 and cognizance was taken on 12.6.2013 - Hence,..........
Indian Penal Code, 1860, Section 420, 406, Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, Section 3, 5, Criminal Procedure Code, 1973, Section 482 -- Cheating by financial institution - Default in return of deposit - Quashing of order of attachment of immovable properties of partner of financial institution - Application for - As..........
Criminal Procedure Code, 1973, Section 311, 315, 391 -- Calling of witnesses in appeal - Additional evidence can only be allowed to be taken if the Court feels that recording thereof is essential for just decision of the case - Dismissal of application by holding that evidence of such witnesses was not at all essential for just and correct decision of the case but rather..........
