Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction suit - Defendants had evaded to pay rent for rented premises since June 2013 to landlord so, this fact itself create cause of action - Fact that plaintiff holding title of ownership or not is the matter require deep evaluation by further evidence which will have to be adjudicated at the..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest - Arbitral tribunal awarded interest in terms of MOU from date of cause of action till date of repayment as per S.31(7)(a) of the Act - As the arbitral tribunal had expressly provided interest till date of repayment, question of additional or compound interest u/s 31(7)(b) of the Act would..........
Registration Act, 1908, Section 17(b) -- Registration - Compromise decree - Order of Court/decree which extinguishes rights, title or interest is required to be compulsorily registered - Right course thus, open for Civil Judge was to decree the suit and send a copy of decree for registration to Sub-Registrar u/s 17 of the Act - Sub-Registrar, if deemed necessary, can take..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu Male dying intestate - Disputed property was self-acquired property of deceased - Plaintiff being daughter was having 1/7th share in the suit property - Even if suit property belonged to Mitakshara Joint Hindu Family, even then, she was a coparcenar in that property and was entitled to same share as her brother..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court is not to examine plaint case on merits whether plaintiff is going to succeed or not - At this stage, plaint averments are to be read to ascertain whether any cause of action has arisen to plaintiff to file suit...........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Cause of action in favour of son would arise only upon father's death intestate, when succession actually opens u/s 8 of the Act - So long as father is alive, son cannot claim any right in his father's property, since S.8 of the Act excludes concept of survivorship or birth right in the case..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Father of plaintiff acquired property by way of partition that took place in 1986, which fell in his hands as his self-acquired property - Admittedly, plaintiff does not fall in any of categories of Class I heirs of grandfather as prescribed u/s 8 of Hindu Succession Act and inheritance..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant as per O.8.R.6-A(1) CPC may assert any right or claim against plaintiff before filing of written statement, even if such cause of action is unrelated to plaintiff's suit - Only limitation is that counter-claim must lie within pecuniary jurisdiction of Court...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - O.21.R.29 CPC confers a limited power which is discretionary and intended to prevent multiplicity where same parties are litigating in two proceedings - It cannot be used by JDs to stall execution of a decree already affirmed in appeal and second appeal - If JDs believe that they have an..........
