Consumer Protection Act, 1986, Section 14, Civil Procedure Code 1908, Order 1, Rule 10 -- Impleadment of necessary parties - Provisions of Order 1 Rule 10 CPC have not been made applicable to proceedings under the Act - It is for the Legislature to consider and to make a suitable provision for doing complete justice between the insured Doctor and Insurance Company in one..........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Defendant set ex parte - Once an application for transposition is allowed, it is not necessary to set aside the order declaring him ex parte...........
Criminal Procedure Code, 1973, Section 482, 397, 401 -- Summoning order - Quashing of - Order revisable u/Ss.397 & 401 Cr.P.C. - When there is a specific provision under the Code, petition u/S.482 Cr.P.C. held not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree based on khasra girdawari entries - Khasra girdawari entries ordered to be corrected - Held, J.D. is entitled to raise objection that decree has become unexecutable on the ground that the decree holder has lost the status on which the decree was based - Contention repelled that any subsequent order or change in..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Consent decree - Res judicata - There is no res judicata in respect of a consent decree - However, compromise incorporated in a consent decree as long as it is valid, is binding on the parties - Provision of Order 23, Rule 3 CPC makes it abundantly clear that where it is proved to the satisfaction of the Court that there..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as an indigent person - `Sufficient means' - Fact of FDR in the sum of Rs.75, 000/- in her name not mentioned in the application - However, applicant in cross examination admitted FDR in her name but stated that same is in possession of her in-laws and that applicant approached Bank authorities for loan..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c)(d) -- Restoration application - An appeal lies against an order dismissing for default or on merits an application U.O.9.R.9 CPC...........
Land Acquisition Act, 1894, Section 31 -- Adjustment of compensation deposited - No direction in the Award that amount paid or deposited will be adjusted firstly towards principal, then towards interest and costs - General rule of adjustment applicable - Amount deposited will be adjusted firstly towards interest and costs and then towards principal - Civil Procedure Code,..........
Criminal Procedure Code, 1973, Section 397(2), 437(2), Indian Penal Code, 1860, Section 498A -- Bail - Modifications in conditions of bail - Sessions Judge set aside the said order in revision - Order of Sessions Judge setting aside the order of Magistrate in revision is without jurisdiction and non est in the eye of law...........
Criminal Procedure Code, 1973, Section 397(2), 437(2), 451, 457, Indian Penal Code, 1860, Section 498A -- Passport - Seizure - Order concerning seizure and release of passport, held, not interlocutory order simpliciter and hence revision lies against such order...........
