Civil Procedure Code, 1908, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Proceedings U.O.39.R.2-A are quasi criminal in nature - In criminal proceedings provision O.7.R.11 CPC has no application - If an application for disobeying the order of Court is filed, Court has to examine the allegations in the application, giving full opportunity to the other..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section , Order 39, Rule 1, 2 -- Appellate Court cannot consider appeal against order passed under Order 39 Rules 1 and 2 by trial Court as it was hearing application for the first time - Duty cast upon Appellate Court to first consider material sufficient to reverse finding of prima facie case,..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - By counsel - Consent of client is not needed for a matter which is within the ordinary authority of the counsel - Compromise in Court by the counsel whose authority has not been expressly limited, the client is bound by such compromise - If matter is settled in Court in presence of client, his consent will be..........
Consumer Protection Act, 1986, Section 13,18 -- Procedure - Evidence by way of affidavits - Insurance claim - Plea that the case cannot be adjudicated based on evidence by way of affidavits and it requires examination/cross-examination of various witnesses from India and abroad - Evidence by way of affidavit is adequate to adjudicate in such cases - No reason to relegate..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Sought to be filed after filing of written statement - Application dismissed - Revision filed - In the meantime evidence of parties recorded - Defendant cannot therefore be permitted to make counter claim at that stage - Dismissal of application by Court below, upheld...........
Civil Procedure Code, 1908, Section 27 -- (As amended) - 'On such day not beyond thirty days from the date of the institution of the suit' - Meaning - It fixes outer time frame i.e. steps must be taken within thirty days from the date of the institution of the suit, to issue summons - Correct address and process fee must be filed in the Court within thirty days so that..........
Civil Procedure Code, 1908, Section 100A -- (As amended) - No further appeal in certain cases - Suggestion that where the original decree is reversed by a Single Judge of the High Court there should be a provision of LPA - Rules can solve this problem...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- (As amended) - Clauses (e) & (f) are procedural and would not require automatic rejection where plaint is not filed in duplicate or where the plaintiff fails to comply with provisions of O.7.R.9 CPC - Court should ordinarily give an opportunity before rejecting plaint on these grounds...........
Civil Procedure Code, 1908, Order 18, Rule 4(1) -- (As amended) - Examination-in-chief to be by affidavits - Court has power to direct either all the evidence recorded in Court or all the evidence recorded by Commissioner or partly by Commissioner and partly by Court - Evidence may be recorded either in writing or mechanically - `Mechanically' indicates that evidence can..........
Civil Procedure Code, 1908, Order 41, Rule 9 -- (As amended) - Appeal is to be filed U.O.41.R.1 in the Court in which it is maintainable - All that Order 41 Rule 9 requires is that a copy of memorandum of appeal which has been filed in the appellate court should also be presented before the court against whose decree the appeal has been filed and endorsement thereof shall..........
