Consumer Protection Act, 1986, Section 2(1),(b), Evidence Act, 1872, Section 118, Civil Procedure Code, 1908 -- Order 3 Rules 1 and 2 - Complainant - Power of attorney - Deposition as witness - There is no express bar under the provisions of CPC for examination of the Power of Attorney as a witness on behalf of the party to the proceedings - Power of Attorney is a..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Appointment of guardian for person of unsound mind - Duty of Court to arrive at a finding when it is brought to the notice of Court that any person is incapable of protecting his interest - Court is to decide if appointment of guardian is necessary or not and it is mandatory upon Court to give a finding and if the Court is..........
Civil Procedure Code, 1908, Section 20 -- Cause of action - Means every fact, which if transversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In faovur of defendant - Cannot be granted as long as an order of temporary injunction is operating against him - However, in certain cases temporary injunction can also be granted in favour of defendant...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transferee pendentilite - Necessary & proper party - Suit for partition of joint land among co-sharers - Undivided share in the suit property sold by some co-sharers - Vendees entitled to come on record in order to work out equity in their favour in the final decree proceedings...........
Criminal Procedure Code, 1973, Section 200, 202 -- Second complaint on same facts - Can be entertained only in exceptional circumstances, namely, where the previous order was passed on an incomplete record or on a mis-understanding of the nature of complaint or if the order was manifestly absurd and unjust or where new facts are brought on record...........
Civil Procedure Code, 1908, Section 96, 105(1), Order 37, Rule 3(5) -- Summary suit - Leave to defend - Refusal - Decree passed could either be under O.37.R.3(6) or it could be based on affirmative evidence and the documents produced or even based on oral evidence - In case appellate Court set asides the order and gives defendant leave to defend then decree that is passed..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Section 105(1), Order 37, Rule 3(5), 3(6), 4 -- Theory of `Dependent Order' - Applicability - Summary suit - Application for grant of leave to defend refused by Court - Final judgment and decree passed - Appeal not filed - Application under Article 227 filed - Order refusing leave to defend set aside -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Payment of proper Court fee - Issue already framed regarding Court fee and the same was to be decided along with other issues on the basis of evidence led by parties - Dismissal of application - Order upheld...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - (i) The provision insists upon to include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action put in suit - (ii) A plea under O.2 R.2 of Code can not be made out except on proof of plaint in the previous suit the filing of which is said to create a bar - Without placing..........
