Constitution of India, 1950, Article 226 -- Writ petition for execution of Arbitral award - Not maintainable - Judgment creditor to file an execution proceeding before competent Executing Court...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit - Plaintiff failed to assign any reason for grant of leave to withdraw suit with liberty to file fresh suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Permanent alimony - J.D. if not the owner of properties whose list is furnished by D.H. then the same cannot be attached - J.D. living in U.K. - Court gave liberty to D.H. to file a fresh execution petition as and when any particulars of J.D. regarding his address in India or any property in India comes to notice..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Filed at belated stage - Liberty was granted to plaintiff to file fresh amendment application, however, there is no occasion for plaintiff to wait for three years when suit was listed for final hearing and also in mean time he himself filed petition for early disposal of suit - Moreover, if amendment is..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Limitation to file suit for recovery of possession u/s 6 of the Act is six months - Suit filed much beyond the prescribed period of six months - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Defendants filed written statement and some additional pleas were taken by them - It was thus, necessary for plaintiffs to file rejoinder to controvert said pleadings which were taken in written statement - Scope of O.8.R.9 CPC not considered by trial Court while rejecting application for rejoinder - Impugned order..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - On setting aside ex parte decree parties are relegated to the position as they were at the time when exparte judgment and decree was passed - Defendant who had not filed written statement inspite of availing number of opportunities shall not be permitted to file written statement but they..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Divorce proceedings - Family Court erred in proceeding wife ex parte as she did not file written statement on first date fixed for filing written statement - Family Court ought to have given opportunity to wife to come forward so as to make an effort for reconciliation between parties - Order..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Normally Magistrate directs police to file a report on the basis of complaint filed u/s 156(3) Cr.P.C. - However, in the instant case Magistrate directed police to file FIR which itself clearly indicates that he has not applied his mind - Impugned order quashed...........
