Civil Procedure Code, 1908, Section 35, 35A, 151, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application by imposing actual costs - No provision for award of actual costs as at present - Costs can be imposed in accordance with relevant provisions of CPC and High Court Rules - Unless rules of High Court are amended to provide for actual costs, the same cannot be..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Rejected on the ground of no, submission of application for condonation of delay - Due to lack of suitable advice to be given to party by his advocate, delay condonation application not filed - Party therefore, should not be made to suffer for something which was not done though ought to..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation of suit - Suit for declaration, partition and separate possession - Suit was not properly valued - Plaintiff was directed to correct the valuation of suit - After correction of valuation of suit claim, Civil Judge Junior Division ceased to have pecuniary jurisdiction to entertain the suit -..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Application of defendant for production of documents by way of additional evidence dismissed by trial Court - Defendant seeking production of certified copy of jamabandi on record - Said documents being certified copies exhibited in earlier suit is per se admissible in evidence - Moreover, such documents can be..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7, Civil Procedure Code, 1908, Section 94 -- Joint family business - Suit for rendition of accounts - Order appointing Advocate Commissioner to take inventory of business conducted in joint family business and to take note of the accounts - Order upheld...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 370, 373, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6, 7, 8, 9 -- Bail - Cancellation - Offence u/ss 370, 373 IPC and Ss.3 to 9 of Immoral Traffic (Prevention) Act - Accused arrested for human trafficking and forcing minor girls into prostitution - As many as 41 minor girls were..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative accommodation with tenant; (iv) facts..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 302 -- Quashing of order - Order taking cognizance - Custodial death of accused - 18 injuries found on the dead body of accused - Out of which injury no.1 & 2 caused death of accused - Magisterial enquiry held by SDM, which opined that death of accused occurred during police custody for which..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 154, 482 -- Writ - Mandamus - FIR - Petition has merely levelled allegations of corruption on basis of information collected by him without there being any material to substantiate allegations - No document has been placed on record indicating, prima facie, that circumstances warrant direction..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute regarding ownership - Admittedly, property was leased out in year 2007 and application was filed for eviction on 2013 - Litigation qua title is already pending in civil proceedings and the same as such would have no immediate bearing on East Punjab Urban Rent Restriction Act - Thus, where..........
