Civil Procedure Code, 1908, Section 80 -- Notice - Exemption u/s 80(2) CPC granted - Once exemption is granted then subsequently Court cannot order for compliance of S.80(1) CPC...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Placing some documents on record and summoning some witnesses - Application to place on record report of retired Kanungo by summoning him as witness and building plan sanctioned by Corporation by summoning concerned junior engineer - Dismissal of application on ground that report of retired Kanungo is self..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Compromise between parties - Eviction order passed on basis of compromise whereby tenant was to vacate premises after 3 years and 6 months - Tenant failed to vacate within stipulated time - Landlord filed execution petition - Plea of tenant that decree passed on the basis of compromise is a nullity - Held,..........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 3 -- Second appeal - Substantial question of law - Suit filed after 10 years of the date of cause of action accrued - The impugned order passed on 30.8.1976 and suit was filed on 3.10.1986 - The plea of limitation as raised on behalf of the State was brushed aside on the ground that limitation would not..........
Civil Procedure Code, 1908, Section 96, Land Acquisition Act, 1894, Section 18 -- Suit for declaration that suit land was settled in favour of plaintiff by defendants in a valid and legal settlement order - No such order of settlement placed on record by plaintiff - Entire land over which plaintiff claimed title admittedly a river land since long and never in possession of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Sought on ground that it was admittedly barred by time and delay was condoned without issuing notice to accused/petitioner - Held, impugned order liable to be set aside - Magistrate shall give an opportunity to accused/petitioner before..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Power of court - Held, court has power and jurisdiction to make an order for production of documents at any time during pendency of any suit - Such an order can be made only if two pre-conditions are satisfied, namely, that the documents must be in possession or power of the party against whom order..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor - Court to appoint a proper person as guardian of minor - Court can appoint guardian of minor either on the application of defendants or the minor himself or by the plaintiff - Application has to be supported by an affidavit stating that proposed guardian has no interest in the matter in controversy adverse to that of..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Scope and ambit - Inherent jurisdiction can be exercised in three circumstances viz. (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; and (iii) to otherwise secure the ends of justice - Power possessed by High Court is very wide but the same has to be exercised..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Scope and ambit - Inherent jurisdiction can be exercised in three circumstances viz. (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; and (iii) to otherwise secure the ends of justice - Power possessed by High Court is very wide but the same has to be exercised..........
