Civil Procedure Code, 1908, Section 100, Order 21, Rule 97, 101 -- Execution - Third party objections - Order passed - It is in the nature of a decree against which appeal and not revision lies...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Modification of sentence - Amount involved in cheque in question is Rs.2 lakhs - Trial Court convicted and sentenced accused to one year SI and to pay fine of Rs.3000/- - Revision - Held, sentence modified to six months SI and to pay compensation..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3, 4, 7 -- Order passed U.O.39.R.7 - Appeal against - Maintainability - Held, order passed in terms of O.39.R.7 is not appealable - Appeal not maintainable in view of 0.43.R.1(r) of Code...........
Civil Procedure Code, 1908, Section 89, Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside of - Parties consented to reference of dispute to arbitrators in terms of S.89 CPC and thus arbitration agreement was not necessary - Appellants did not question order of reference, passed at their instance, till passing of award by Arbitrator -..........
Civil Procedure Code, 1908, Order 33, Rule 6, 7 -- Suit by indigent person - Procedure - It is mandatory to issue notice of application to opposite party as well to Government Pleader - It is also mandatory to afford opportunity of leading evidence to both parties in proof and disproof of indigency of plaintiff - No such procedure followed by trial Court in the instant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Respondent showing the possession of three biswas out of Khasra No.38/16/1, which was the subject matter of the suit filed by plaintiff, was with plaintiff and was lying vacant and of which the possession was not taken by the LAC and no compensation was paid to plaintiff - It could not be..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - Held, if the decision/order of Court/authority is void for want of jurisdiction over the subject matter, it cannot operate as res judicata; so as to make that judgment conclusive between the parties, since the essential pre-requisite is that it should be the judgment of a Court of competent..........
Civil Procedure Code, 1908, Order 21, Rule 35, Easements Act, 1882, Section 13 -- Order for opening of way - Execution of - Entitlement to - Private respondents are the heirs of "J" and "V" who were indeed impleaded as party respondents before High Court - Held, they have locus standi to file the application for execution...........
Civil Procedure Code, 1908, Order 21, Rule 35, Easements Act, 1882, Section 13 -- Order for opening of way - Application for execution - Limitation - Enforceability of the order dated 22.01.1996 was finally pronounced in order dated 15.09.2009 passed by High Court - Application for execution filed on 04.10.2010 - Held, it cannot be considered barred by limitation...........
Civil Procedure Code, 1908, Section 151 -- Ex-parte adverse order - Setting aside of - Application for - Dismissal of - Validity - Petitioner abandoned the case after 01.04.2011 and did not attend proceedings on 06.10.2011, 24.10.2011 and 11.01.2012 - According to petitioner, a new counsel was engaged who appeared on 08.02.2012 and they came to know of passing of adverse..........
