Civil Procedure Code, 1908, Section 151, Order 41, Rule 19 -- Restoration of appeal - Dismissed on merits -Appeal fixed for appearance of respondent - Counsel for appellant arguing another case before another Bench, when the case was called - High Court referred to the merits of the case and dismissed the appeal noting none appeared for the appellant - Application to..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Balance sale consideration was to be paid within three months of passing of the decree - Execution application filed after about 3-1/2 years of passing of the decree - Extension of time not sought..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Failure to disclose relevancy of interrogatories to the subject matter in dispute - Application dismissed - Order upheld...........
Criminal Procedure Code, 1973, Section 245, 227 -- Discharge of accused - Complaint by wife u/ss 498-A, 494, 406 against husband and i, laws - Magistrate after going through allegations made in the complaint petition and also statements of witnesses of complainant examined before charge on behalf of complainant came to conclusion that there was sufficient ground that..........
Civil Procedure Code, 1908, Section 11 -- Res-Judicata between co-defendants - A decree could operate as res-judicata between co-defendants, if the following conditions are satisfied - (i) There must be a conflict of interest between the defendants concerned - (ii) It must be necessary to decide the conflict in order to give the plaintiff the relief he claims - (iii) The..........
Criminal Procedure Code, 1973, Section 389, 439 -- Suspension of sentence during pendency of appeal and grant of bail - Recording of reasons - Should not prejudice the case of the parties - Recording of reasons, wherever necessary is only to indicate the considerations that may have weighed with the Court in passing the order - Court should not virtually write a judgment...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Order of remand cannot be passed as a matter of course - Order of remand to be passed only when Court comes to a specific finding that judgment of trial Court is erroneous and liable to be set aside, which is a condition precedent - Order of remand not to be passed on the ground that evidence is not properly..........
Civil Procedure Code, 1908, Order 21 -- Interim orders - Execution - After decision of main lis, interim orders cannot be executed as on decision of main lis all interim orders merge into final order...........
Civil Procedure Code, 1908, Order 9, Rule 17 -- Exparte decree - Setting aside - Summons received under thumb impression - Mere fact that father's name was shown incorrectly whereas her husband's name had been correctly stated in summons - Held, order declining to set aside ex parte decree, upheld...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Civil Procedure Code, 1908, Section 11 -- Deficiency in service - Compensation - Interest - Res judicata - Prayer made from the side of complainants in litigation before the High Court that respondents be directed to pay interest on the amount deposited from the date of deposit - No order passed with regard to this..........
