Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Question as to whether Court fee is payable ad valorem - Court to frame issues and to treat the issue as to payment of court fee as preliminary issue and to decide the preliminary issue after parties led evidence on such preliminary issue - Order..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), Civil Procedure Code, 1908, Order 21 -- Rent and eviction - Arrears of rent - Non-payment within statutory period - Execution - In appeal, tenant contended that there is typing error in order of Rent Controller with regard to commencement of period for payment of arrears - However, proper course is to first..........
Criminal Procedure Code, 1973, Section 145(1) -- Physical possession - Finding as to - Based on revenue record and police report - No finding given as to which of the party was in physical possession of the disputed property - Held, there is no legal infirmity in the impugned order passed by Additional Sessions Judge directing Magistrate to pass order afresh...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 33, Rule 1, 5, 7 -- Rejection of plaint - Order allowing to sue as indigent person - Remedy is available to defendant to challenge the order - Order allowing to sue as indigent person cannot be agitated by filing an application U.O.7.R.11 CPC that report obtained from Collector is not correct..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Divorce petition - Respondent living in America - Service of summons through publication in newspaper `The Tribune' - Respondent who was residing in America, could not have come to know about publication of summons qua her in the newspaper `The Tribune' - Order setting aside ex parte decree,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Court or Tribunal as party - Writ petition is not maintainable if Tribunal or authority that is required to defend its order is not arrayed as party as, it is a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Court or Tribunal as party - Neither Court nor Presiding Officer defended order before superior Court - If High Court in exercise of its writ jurisdiction or revisional jurisdiction calls for records, same can always be called for by High Court without impleading Court or presiding Officer as party...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Late production of documents - Documents were available with defendants at all times - Explanation sought to be given clearly untenable - Order declining permission for taking documents on record, calls no interference...........
Criminal Procedure Code, 1973, Section 200 -- Amendment of complaint - Proposed amendment not a formal amendment but a substantial one - Magistrate allowed amendment application mainly on the ground that no cognizance was taken of the complaint, before the disposal of amendment application - Held, High Court rightly declined to interfere with the order passed by..........
Criminal Procedure Code, 1973, Section 200 -- Amendment of complaint - Proposed amendment not a formal amendment but a substantial one - Magistrate allowed amendment - Order upheld on the grounds viz. (1) Magistrate was yet to apply his judicial mind to contents of complaint and had not taken cognizance of matter; (2) since summons was yet to be ordered to be issued to..........
