Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application U.O.9.R.13 CPC - Claim of being alcoholic patient is not a sufficient cause to condone the delay of his inaction in filing written statement - Delay not condoned...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Suit land claimed to be common pathway - It was basically claim of title over the land which is said to be a pathway allegedly used by both the parties - Claim has to be determined by Court on the basis of oral and documentary evidence - Suit is at the stage of arguments - Application..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court may formulate any substantial question of law u/s 100 CPC, which arises between parties even though same has not been formulated in the memorandum of second appeal...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Fact which is not specifically pleaded cannot be proved by evidence, as evidence cannot travel beyond pleadings...........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of Attorney Holder - Can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents or about the facts that may have transpired much before he entered the scene...........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C...........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - Court was inclined to reject the application but in operative portion it is wrongly typed as allowed - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C - Error rightly rectified...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings under the Act - Nature of proceeding u/s 12 of the Act is a civil proceeding and application u/s 12 of the Act is not the complaint as mentioned in S.2(d) Cr.P.C - Procedure for cognizance set out u/s 190(1)(a) Cr.P.C followed by procedure set out in Chapter XV Cr.P.C for taking cognizance will..........
