Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Appeal - Right to appeal u/s 96(2) CPC challenging original decree passed ex-parte, being a statutory right defendant cannot be deprived of statutory right merely on the ground that he did not file any application U.O.9.R.13 CPC...........
Registration Act, 1908, Section 89(4) -- Registration - Copy of sale certificate - Sale certificate issued by authorised officer is not compulsorily registrable - U/S 89(4) of Registration Act registering authority is only required to file a copy of sale certificate as and when it is forwarded to him by authorised officer - Such filing of copy of sale certificate is merely..........
Criminal Procedure Code, 1973, Section 173 -- Final report - Once an FIR is registered and investigation is completed, police are legally bound to file a final report whether recommending prosecution or closure before jurisdictional Magistrate or Special Court...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Not filed within time - Denying a party opportunity to place their defence on record risks compromising the very foundation of a fair adjudication and may result in erroneous or one-sided findings - Moreover, such delay could have been addressed through imposition of appropriate costs -..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Local Commissioner's report is not final as defendant would always have right to file his objections to same...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Suit for recovery - Injustice would be occasioned to defendant if he is not granted one opportunity to file his written statement - One opportunity is thus, granted to defendant to file written statement subject to payment of costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replica not filed by plaintiff with leave of Court - Mere acceptance of replica on record will not amount to permission or leave to file replica...........
Civil Procedure Code, 1908, Section 9, Himachal Pradesh Land Revenue Act, 1954, Section 46 -- Jurisdiction of civil Court - Suit related to entries of revenue record - Plaintiff claimed that her name was not incorporated by revenue officials in column of ownership and possession despite acquiring status by way of adverse possession - Such denial to record name of plaintiff..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by proprietorship concern - Where no evidence was led to prove that complainant was owner of a proprietorship concern, he cannot be called to be a payee or holder in due course - Complainant thus, not entitled to file complaint u/s 138 of the Act...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Notices issued to husband had been received back unserved - Wife did not bother to file either process fee or correct address and rather straightaway proceeded to move an application for substituted service U.O.5.R.20..........
