Civil Procedure Code, 1908, Section 100 -- Second appeal - Mixed questions of law and facts - Cannot be raised for the first time in second appeal...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissed in default - Suit dismissed on three occasions - Court allowed restoration application twice and dismissed the same on third occasion - Stage of suit was for filing replication, however, same was not filed on all three occasions - Conduct of plaintiff highly depreciable - Replication not even..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........
Arbitration and Conciliation Act, 1996, Section 11(6), National Highways Act, 1956, Section 3G(5) -- Appointment of arbitrator - Power being vested exclusively with Central Government to appoint an Arbitrator u/s 3G(5) of the Act, being a special enactment, application filed u/s 11(6) of the Act for appointment of an arbitrator was not maintainable - However, if Central..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of parties who filed their written statement and counter claim - Once counter claim was permitted then there was no occasion for trial Court to refuse amendment application, as evidence will be required to be lead by parties on basis of pleadings - Amendment on basis of subsequent development..........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Section 75 -- Appointment of Commission to play CD, evaluate the contents and report to Court - Held, power of appreciation is vested with the Court alone, and it can never be relegated to an Advocate Commission and Court itself must evaluate the contents of a CD...........
Civil Procedure Code, 1908, Section 75 -- Commission - Court can issue a commission for the purpose of : (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; (d) to make a partition; (e) to hold a scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay and which..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written settlement - Non filing - Court can make such order as it may deem fit in absence of any written statement from a party...........
Civil Procedure Code, 1908, Order 21, Rule 5 -- Judgment of first Appellate Court - First Appellate Court scrutinized entire pleadings and evidence on record and only thereafter affirmed findings recorded by trial Court by passing detailed judgment - No exception therefore can be taken to judgment so passed by first Appellate Court, more particularly, when same are hit by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Payee or holder in due course has an additional remedy under civil law in addition to remedy under Criminal law - Both can be invoked simultaneously...........
