Limitation Act, 1963, Article 136 -- Code of Civil Procedure, 1908, Order 20, Rule 7 & Order 21 - Execution of Decree - Period of Limitation - Starting Point - Whether starts running from the date of Decree or when the decree becomes enforceable - Matter referred to Larger Bench...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim order - Judgment in respect of same property albeit between some parties - Relevant piece of evidence at the stage of passing order in an application under Order 39 Rule 1 & 2, to determine prima facie case - Sahu Madho Das's case AIR 1955 SC 481 & Amalgamated Coalfield's case AIR 1964 SC 1013 relied...........
Civil Procedure Code, 1908, Order 22,, Rule 3(2) -- During the pendency of Regular Second Appeal appellant expired - Application for impleading LRs moved after delay of 12 years 5 months - Amendment in Order 22, Rule 3(2) during this period - No benefit of amendment can be availed, as amendment is not retrospective and appeal already stands abated after the expiry of 90..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off defence - Because of not filing written statement within 30 days despite two opportunities - Held that the provisions of Order 8 Rule 1 of the Code directory arid not mandatory - Trial Court should have further extended the time for filing the written statement as the period of 90 days had not..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Telegraph Rules, 1885, Rule 443 - Telephone disconnection - Deficiency in service - Compensation - Despite the fact that the bill was paid well in time telephone disconnected - Held to be deficiency in service - Plea of appellant that after having come to know regarding payment of outstanding amount telephone..........
Civil Procedure Code, 1908, Order 6, Rule 17(as - - Amendment in pleadings - Suit filed on 29.04.1994 i.e. before the commencement of amendment of 2002 effective from 01.07.2002 - Contention of the petitioner that the amendment was not liable to allowed in view of proviso to Order 6 Rule 17 CPC held to be clearly misconceived...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Appellate stage - The lower Appellate Court observed that the document sought to be produced are necessary for the just decision of the case - The requirement of Order 41 Rule 27 CPC are complied with - Impugned order allowing additional evidence at appellate stage calls for no interference in exercise..........
Civil Procedure Code, 1908, Section 94, 141 -- Appeal - Dismissed for default - Restoration application pending - Ad - interim injunction sought for - Restoration application falls within the meaning of proceedings as envisaged under section 141 - Section 94 CPC has no application to such proceedings - Court not competent to grant injunction - Under order 39 rule 1, 2 CPC...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1) -- Recovery of Debts Due to Banks and Financial institutions Act, 1993, Section 17(1) - Debts Recovery Tribunal (Procedure) Rules, 1993, Rule 7 - Court fee - Held that till rules are framed in terms of Section 17(1) of the Act of 2002, the fee payable would..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Three circumstances under which this power can be exercised are : (i) to give effect to an order under the Cr.P.C, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice - It is not possible to lay down any inflexible rule which would govern the exercise of..........
