Partnership Act, 1932, Section 32(2), 32(3), 44, Negotiable Instruments Act, 1881, Section 4, Civil Procedure Code, 1908, Order 37, Rule 1 & 2 -- Promissory note - Partnership firm - Liability of retired partner - Promissory note executed by partners of firm - One of partner denying his liability thereunder on ground that he had since retired from firm and liability has to..........
Civil Procedure Code, 1908, Section 2(2), Order 21, Rule 1 -- Promissory note - Joint decree, holding J.D's liable jointly and severally - Held, Court cannot curtail freedom of decree-holder to execute decree only against one judgment debtor and not against other, on basis of understanding inter se between judgment debtors...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Striking out parties - Suit for recovery of due and damages against Public Limited Company - Defendant No. 2 employee of company - Application under O1 R10 for striking out him as party to suit- Trial Court dismissed application - Relying on Tikam Chand Jain's Case 1987(2) PLR 151 contended that employee of company cannot be..........
Civil Procedure Code, 1908, Order 41, Rule 25, Civil Procedure Code, 1908, Order 14, Rule 1 -- Scope of appellate Court - Matter not in issue - Appellate Court cannot frame the point for the first time and answer the same - Appellate Court can frame an issue and call for a finding thereon from trial Court after recording evidence...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 20, 13(1)(d) -- Sanction for prosecution - Prosecution of public servant in an offence under IPC and Prevention of Corruption Act - Want of sanction - Charges under Prevention of Corruption Act fails - However, charges under IPC would not fail on this account...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 20, 13(1)(d) -- Sanction for prosecution - Prosecution of public servant in an offence under IPC and Prevention of Corruption Act - Want of sanction - Charges under Prevention of Corruption Act fails - However, charges under IPC would not fail on this account - A person may commit..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 20, 13(1)(d) -- Sanction for prosecution - Prosecution of public servant in an offence under IPC and Prevention of Corruption Act - Want of sanction - Charges under Prevention of Corruption Act fails - However, charges under IPC would not fail on this account...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 20, 13(1)(d) -- Sanction for prosecution - Prosecution of public servant in an offence under IPC and Prevention of Corruption Act - Want of sanction - Charges under Prevention of Corruption Act fails - However, charges under IPC would not fail on this account - A person may commit..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of - Transferee during pendency of suit - Suit for specific performance of agreement of sale - During pendency of suit vendor executed release deed qua land in dispute in favour of her brother - Vendee amended plaint challenging legality and validity of release deed - Application by transferee U/O.1 R.10 - After..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed inspite of number of opportunities - Prior to date fixed son of petitioner had died - Court should have accepted the written statement though filed late or an opportunity should have been given to place written statement on record...........
