Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Once issues have been framed, Court has to pronounce judgment on all issues and failure of Court to give an appropriate decision on all issues, judgment is improper...........
Hindu Marriage Act, 1955, Section 13B, 28, Civil Procedure Code, 1908, Section 96 -- Divorce by mutual consent - Appeal against decree - Appeal against decree of divorce by mutual consent is maintainable u/s 28 of Hindu Marriage Act and S.96(3) CPC has no bar...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact remains immune from challenge before High Court in second appeal...........
Criminal Procedure Code, 1973, Section 340 -- Application u/s 340 Cr.P.C - Filed in civil Court shall be registered as an interlocutory application - An appeal challenging orders of such Court is maintainable only in Court in which appeals against decrees or orders of such Court may be filed under provisions of Civil Courts Act - Order of Civil Appellate Court thus, cannot..........
Criminal Procedure Code, 1973, Section 340, 341 -- Application u/s 340 Cr.P.C - Dismissal of application filed in civil Court - Appeal challenging said order was rightly entertained as Civil Miscellaneous Appeal and thus governed by provisions of CPC - Failure of legal representatives of deceased appellant to get themselves impleaded in appeal resulted in its abatement...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dismissal of application - Eviction petition - If condition of demised premises is not as landlord claims it to be, tenant could easily lead photographic evidence to prove the same and if at that stage Rent Controller comes to..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and injunction ought to be given an..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Evidence on a point not specifically pleaded cannot be permitted to be adduced and if adduced must necessarily ignored...........
Civil Procedure Code, 1908, Section 151, East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Additional evidence - Dismissal of application - Eviction petition - Petitioner/landlady wishes to produce jamabandies to prove her title over demised premises and site plan to prove identity of said premises - There is nothing on record to indicate that petitioner has..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Power of Court u/s 151 CPC - Court is well within its rights to exercise its inherent power u/s 151 CPC to permit production of such evidence, if it relevant and necessary in interest of justice subject to such terms as may be found fit to be imposed - Moreover, deletion of provision U.O.18.17A CPC does not..........
