Contract Act, 1872, Section 10 -- Tender - Respondent appended a letter alongwith the tender stating that the acceptance of his tender would be subject to terms in the letter to the effect that rate would be on multi slab basis - Written contract - No mention that rate would be on multi slab basis - Held, once contract is reduced to writing it is not open to any of the..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Suit for partition - Appeal against decree - All the co - sharers not made parties - Appeal is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Appeal - Death of appellant during pendency of appeal - Defendant No.1 transposed as appellant - Stubborn attitude and conduct of petitioner - Inspite of objections raised legal representatives of deceased appellant not substituted and defendant No.1 claimed himself to be sole representative - Substitution of..........
Negotiable Instruments Act, 1881, Section 118(a) -- Pronote - Consideration -Presumption - Initially plaintiff asserting cash consideration - Subsequently asserting past consideration - Both pleas denied - Burden to prove consideration is on the plaintiff due to change of stands - No proof of existence of past consideration - Consideration for suit pronote not supported on..........
Civil Procedure Code, 1908, Order 47, Rule 1(2), Civil Procedure Code, 1908, Order 8, Rule 6-A -- Dismissal of appeal does not bar the respondent from seeking review of the judgment or to file an appeal before the appropriate Court...........
Civil Procedure Code, 1908, Order 47, Rule 1(2), Civil Procedure Code, 1908, Order 8, Rule 6-A -- While dismissing appeal the appellate Court also dismissed the counter claim of the defendant - On dismissal of the counter claim the aggrieved party had independent right of appeal - In case it has not availed the remedy of appeal, it could seek review of the order...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Review - Appeal filed by plaintiff dismissed and counter-claim of defendant also dismissed - Held, on dismissal of counter claim, the aggrieved party had independent right of appeal and in case it is not availed can seek review of the order in terms of O.47.R.1(2) of the Code...........
Service -- Seniority - Appointment not given due to pendency of writ petition - After dismissal of writ petition appointment letters given - Seniority to be reckoned from the date of joining the service and not from the date of selection - Appeal allowed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit for possession - Defendant's plea that property was sold as a collateral security for loan - In appeal defendant/appellant sought to produce an agreement as an additional evidence to support the plea - Appellate Court ought to have received agreement as additional evidence for fair justice -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Wrong, impiroper or illegal construction of a document raises question of law - Such a finding can be resolved in second appeal...........
