Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Existence of arbitration clause - Would only entail an order u/s 8 of Arbitration and Conciliation Act to refer dispute to arbitration - Mere existence of arbitration clause in agreement between parties, does not precludes any person from instituting a civil suit - Order of rejection of plaint held, not..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Leave to defend - Agreement to sell - Defendant forfeited advance money, as time limit stipulated and agreed by parties was not adhered to - However, it is evident that time was never essence of agreement - Even otherwise, earnest money cannot be forfeited in entirety unless loss is pleaded - As per law only 5% to 10% of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Plaintiff sold the property to defendant No.1 by executing the documentation being agreement to sell, general power of attorney (GPA), Will, receipt etc. - Transfer of rights in an immovable property is a bilateral act, thus, said contract cannot..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Condonation of delay - Suit for recovery of loan on vehicle - In the instant case, bank seeking to change word `vehicle' in place of word `agriculture' by way of amendment - No prejudice is likelihood to be caused to defendant by way of such amendment - Hence, delay in filing of application for amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Trial not yet commenced - Order allowing amendment cannot be interfered on the ground that amendment is barred by limitation and could not have been allowed - Since opportunity to file amended written statement to the amended plaint was not granted, the same is hereby allowed and that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Opportunity to file amended written statement not granted - Defendant granted opportunity to file amended written statement to the amended plaint and allowed to take all the objections including that of locus standi and ground of limitation...........
Criminal Procedure Code, 1973, Section 145, 146 -- Orders passed u/ss 145, 146 Cr.P.C - Are interim in nature only to avoid imminent danger of breach of peace - Proceedings cannot be used for getting possession over land for which most suitable remedy is the filing of civil litigation...........
Civil Procedure Code, 1908, Order 39, Rule 1, Trade Marks Act, 1999, Section 29 -- Infringement of Trade Mark - Injunction - Passing off - Evidence led by plaintiffs witnesses duly proved contents of plaint and case set forth by plaintiffs - Even, despite sending letters defendant No.1 failed to appear in the case and rather went on infringing plaintiffs trade mark -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Death of plaintiff during pendency of appeal - Question of substitution of LRs of deceased and abatement of suit/appeal for want of consequential steps has to be decided by that very Court where at the time of death of such party lis was pending...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff during pendency of appeal - Judgment and decree passed in said appeal without taking note of death of plaintiff is admittedly against a dead person and a nullity - Impugned order of first appellate Court set aside - Case remanded to Lower Appellate Court for disposal afresh in accordance with law...........
