Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is the knowledge of date of hearing and not the knowledge of pendency of suit, which is relevant for the purpose of considering an application U.O.9.R.13 CPC to set aside an ex parte decree...........
Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons on a Corporation - Sending summons to a corporation by post addressed to it at its registered office may be a good mode of service either by itself or preferably by way of an additional mode of service - If serving peon or bailiff is not able to serve summons on the Secretary or Director or any other..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Judgment of Civil Court is binding on Criminal Court...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Evidentiary value of documents cannot be seen at the stage of its production...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere production of documents will not amount to the proof of contents thereof...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere production of documents will not prejudice the rights of defendants in any manner, more particularly, when they will get a chance to cross-examine the witnesses produced by plaintiff and will also get a chance to rebut the evidence led by him - Application rightly allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Affidavit in support of application - Bland affidavits without details are not enough to grant relief - If there is a threat to the dispossession/demolition/alienation, threat should be described with reasonable clarity - If there is a right infringed, the manner of infringement should be spelt out..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Affidavit in support of application - Prima facie case, balance of convenience and irreparable loss are not empty phrases - These are the factors to be kept in mind while drafting affidavits and are factors to be kept in mind by judges while granting temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction for infringement of copyright and passing-off - Statement of accounts signed by Chartered Accountant of plaintiff indicating the expenses incurred on advertisement and promotion and figures of sale may constitute a material which can be considered for examining whether a..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of review application dismissed for want of prosecution - High Court without assigning any reason whatsoever and in a very casual manner allowed the application for restoration - No litigant should be permitted to be so lethargic and apathetic much less should be permitted to misuse the process of law - Order..........
