Civil Procedure Code, 1908, Section 115, Order 11, Rule 14 -- Discovery of document - Before giving a direction to a party to make discovery of document, Court should satisfy itself that the document is relevant for proper adjudication of the matter involved in the suit - In the instant case trial Court while allowing application of plaintiff observed that 'summoning of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Application U.O.9.R.13 - There is no provision in the Code for dismissal of such application for non appearance - Order dismissing the application must be treated to be one u/s 151 CPC and when restoration of such application is sought it can be allowed under S.151 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for mandatory injunction -Amendment sought seeking relief of specific performance of agreement - Agreement dated 28.5.1989 - Amendment application Tiled on 5.11.1992 - Plea of plaintiff that time was not the essence of the contract - Held, once the date for performance was fixed, limitation begins to run from that date..........
Civil Procedure Code, 1908, Section 115, Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation based on due consideration of evidence - Illness believed as sufficient cause - Order not arbitrary - No interference in revision...........
Criminal Procedure Code, 1973, Section 156(3), 173(8), 190, 200, 204 -- Further investigation - Cognizance of offence on basis of police report taken by Judicial Magistrate and accused appeared - Magistrate cannot order further investigation in the case...........
Civil Procedure Code, 1908, Order 5, Rule 12, 17, 19-A, 20 -- Service in the first instance has to be effected upon defendant personally-Only when defendant refuses to accept service or cannot be found - Court permits service to be effected by affixing a copy of summons on the outer door or some other conspicuous part of the house in which defendant ordinarily resides or..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ser-vice by publication in newspaper-Resort to provisions of Order 5 Rule 20 not warranted-Case not of irregularity alone but illegality as well-Benefit cannot be had of Proviso to Order 9 Rule 13...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service by publication in newspaper-To be judged in the light of provisions of Order 5-Statement of counsel for plaintiff that he personally informed one of the defendants about pendency of civil suit-Even if there is some substance in the statement-Does not absolve Court of performing its duties...........
Civil Procedure Code, 1908, Section 115, Order 5, Rule 20, Civil Procedure Code, 1908, Order 9, Rule 13 -- Zimini orders show that summons in the first instance not issued as plaintiff failed, file copies of plaint, on next date Ahlmad of Court not issued summons, thereafter Court noted that neither process fee nor correct addresses of defendants filed by plaintiff, on..........
Punjab Security of Land Tenures Act, Section 9 -- Tenant inducted by vendee of pre-emptible property-Sale successfully pre-empted-Tenant not liable to be dispossessed in execution of pre-emption decree-Covered under definition of tenant in Section 4(5) Punjab Tenancy Act-Section 9 specifically bars ejectment of a tenant except under certain conditions-Tenant cannot be..........
