Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Can be permitted even if, there is a remedy by way of appeal or even where there is no appeal - Existence of remedy in revision also can be included within the clause where no appeal is allowed - Existence of remedy by way of revision cannot stand in the way of entertaining the application for review provided..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Permissive possession admitted in written statement - Amendment sought to take the plea that their possession is adverse to the plaintiff - The said plea is not a subsequent development - Defendant is precluded from taking a totally inconsistent plea - Both the pleas run counter to each other -..........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Arrest warrant - Cannot be issued without holding enquiry as to whether J.D. has sufficient means, is willfully avoiding to pay decretal amount - Ex parte order of arrest passed without holding such enquiry - Exparte order set aside but directing to deposit 1/4th of the execution amount - Not legal - Order set aside...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closing of evidence - Last opportunity granted - Even thereafter six adjournments granted and inspite of that evidence not concluded - Order of trial Court closing evidence, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Misdescription in naming the plaintiff as a proprietorship firm and not a registered partnership firm - No evidence on record that such misdescription was done mala fide or that because of this any injury has been caused to the defendant - When a suit is instituted misdescribing the plaintiff an amendment..........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Gas and electric welding business on public road - Work likely to cause nuisance to public - Noise pollution is dangerous to public health and lives and authority should check this type of nuisance - Work carried on likely to cause nuisance to public - No error in order passed on appreciating evidence..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Exparte ad interim injunction - Right to appeal is provided to the aggrieved party - If no appeal could be filed against the order passed revision is available - Availability of an alternative remedy i.e. opportunity to contest the matter in the lower Court is..........
Specific Relief Act, Section 16(c) -- Readiness and willingness - Section 16(c) does not require any specific phraseology - Plaintiff must aver that he has performed or has always been and is willing to perform his part of contract - Compliance of 'readiness and willingness' - Has to be in spirit and substance and not in letter and form - Insistence on a mechanical..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - No evidence of alleged new tenancy - Portion of premises if vacated, rent cannot be same as it was for entire premises - Trial Court dismissed application for framing additional issue - Order upheld...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Court cannot exercise its inherent power to pass order which runs counter to express provision of statute on subject - Inherent power cannot be exercised to compel parties to maintenance suit to undergo blood test/medical examination to determine paternity of child born during period when parties to suit were..........
