Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Board of Revenue cannot proceed with the hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Second appeal filed by plaintiff is pending before Board of revenue - Board of Revenue cannot proceed with hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law - Board of Revenue held, directed to decide the application U.O.41.R.27 CPC..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Application for setting aside ex parte decree was filed after a substantial delay and no document in support of application for condonation of delay was filed - Application is barred by law and thus, liable to be dismissed solely on the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Application for setting aside ex parte decree was filed after a substantial delay and no document in support of application for condonation of delay was filed - Application is barred by law and thus, liable to be dismissed solely on the..........
Civil Procedure Code, 1908, Section 96 -- Appeal - It is open to First appellate Court while exercising power u/s 96 CPC to act as final Court of fact and law...........
Civil Procedure Code, 1908, Section 96 -- Trial Court did not venture into issues framed, other than the one pertaining to limitation - It is well open to the First Appellate Court while exercising power u/s 96 CPC to act as final Court of fact and law - In such situation, it is well open to High Court to consider the issues both on facts and law either by itself or at..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Objections as taken by defendant are mixed question of facts and law, which cannot be decided at this stage - Plaint not liable to be rejected - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21 -- Execution - When an effective alternative remedy is available to petitioner to approach competent civil Court U.O.21 CPC for executing decree passed by a civil Court, public law remedy u/art 226 of Constitution cannot be invoked for execution of a decree passed by competent civil Court...........
Tort -- Damages - Owner of premises could not be made liable for any damage that occurred to a third party consequent on the conduct of business by occupier of premises, particularly when conduct of business is permitted under law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of provision of S.42 of the Act - While total non-compliance of S.42 of the Act is impermissible in law, delayed compliance with satisfactory explanation about delay is acceptable compliance of S.42 of the Act...........
