Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 43, Rule 1 -- Dismissal of application to set aside ex parte decree - Appeal u/s 96(2) thereafter challenging ex parte decree not maintainable - Defendant can only avail remedy U.O.43.R.1 CPC...........
Evidence Act, 1872, Section 40, 41, 42, 43, 44 -- Judgments in rem - Judgment in personam - Held, while judgments rendered in probate, matrimonial, insolvency and admiralty jurisdiction will be judgments in rem, every other judgment is a judgment in personam and could only bind parties - While it could have been possible for a person who had secured a decree against..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section , Order 9, Rule 8 -- Delay - Condonation - Delay in preferring appeal against order dismissing application for restoration of suit dismissed in default - Court to adopt summary procedure by directing parties to file affidavits and counter affidavits of the..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Return of plaint for presentation before proper Court of jurisdiction - Appeal against - Held, it is an order purportedly passed U.O.7.R.10 CPC against which First Appeal From Order is provided U.O.43.R.1(a) CPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43, 37(1)(b)(ii),, 21(c) -- Contraband - Seizure, its testing, sampling and preparation of mahazar - All acts need not to be done at the very place from where interception is made - Not violative of Ss.42 & 43 of the Act...........
Civil Procedure Code, 1908, Section 96, 104, Order 43, Rule 1 -- First appeal - Finding recorded by Court below challenged by appellants by way of filing first appeal - Maintainability - Held, finding recorded by trial Court neither a decree nor appealable order - Appeal not maintainable...........
Civil Procedure Code, 1908, Order 43, Rule 1(r) -..........
Electricity Act, 2003, Section 43, 67 -- Electricity - Supply of - Owner or occupier of a premises has a statutory right for an electric connection - Supply line passing through a passage - Dispute as to passage whether private or common passage - Pending resolution of the dispute between the parties, appellant cannot be denied supply of electricity to his house - Licensee..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42,, 43 -- Search of building, conveyance or enclosed place between sunrise and sunset - Search warrant is not required to be obtained - If search process starts before sunset but it continues even after sunset even then search warrant is not required...........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit dismissed for default - Restoration - Resisting of - Order of restoration was passed upon an application which was served upon Appellant - Order was passed upon payment of costs - All that the order was to allow parties to be heard on merits - Contention that delay of five..........
