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..........
Civil Procedure Code, 1908, Section 115 -- `Case decided' - It includes any order deciding an issue in course of suit or other judicial proceeding - Even an interlocutory order which has the effect of determining or deciding the rights of a party whether involved in the suit or in relation to the proceedings of the suit may amount to a case decided - Interlocutory order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No fresh injunction can be granted on same facts which were in existence at time of passing earlier order of injunction by trial Court and affirmed in appeal...........
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 17 -- Personal appearance ordered - Lawyer filed memo on the adjourned date - Case dismissed U.O.9.R.8 - Not proper - Court could either adjourn the case subject to costs or to proceed under Order 17 CPC - At the most Court could direct the counsel to file regular power of attorney on the next..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2, 6 -- Plaint - Amendment - Claims to be brought in same suit to avoid multiplicity of proceedings - No new cause of action arose - Claim contained in plaint in respect of same parties can be tried in one suit - No disadvantage caused to defendant by permitting amendment - No..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Allowed by appellate Court suo motu - Order set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Accused ordered to be put on trial - Nothing in preliminary evidence to show as to when information from Bank as to dishonour of cheque received and the date when the cheque was presented to the payee bank - Trial Court dismissed the complaint - No bank..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Notice - Not personally served on the accused - Postal endorsement that addressee not available - It is purely a question of fact which can be investigated during the trial of the case as to whether the notice was actually taken by the Postal department to the accused and they..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 378 -- Dishonour of cheque - Complaint registered and process issued - On complainant's absence Court dismissed complaint and discharged the accused - Order passed by Magistrate must be construed as order of acquittal under S.256(1) and not of discharge - In such case remedy is to..........
