Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration, possession and injunction - Court fees - Prayer made in suit that sale deed be declared as void and also for a decree of possession - Even if plaintiff was not party to transaction, he has to put valuation of suit property - Therefore order of Court rejecting plaint and..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Court at a place where retiree resides has jurisdiction to entertain a suit with respect to non disbursement of Provident Fund...........
Civil Procedure Code, 1908, Section 9 -- Provident Fund - Non disbursement - Civil suit - Plaintiff was working as Assistant Manager i.e. in a managerial, administrative or supervisory capacity - S.2(iii) and (iv) of Industrial Dispute Act exempt plaintiff from the category of workman - Dispute is not one which is entertainable under Industrial Disputes Act - Held, civil..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Letters Patent (Cal), cl.12 - Civil suit - Forum - Relinquishment of jurisdiction - Presence of cause of action in United States - Institution of proceedings by first defendant in United States where plaintiff has participated - Both parties are foreign, with part of cause of action in a foreign country and a..........
Civil Procedure Code, 1908, Section 153 -- Clerical mistake - Court has power to order rectification of clerical mistake occurred in describing boundaries of property in plaint schedule, even after disposal of suit, for sub serving cause of justice...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit to file afresh suit - Permissibility - It is not pleaded that suit may fail by reason of some formal defect and no allegation was made to make out sufficient grounds for allowing plaintiff to withdraw suit with liberty to file fresh suit on same cause of action - It is seen from affidavit filed in..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Prayer for remand of case for framing specific issue - Plaintiff having understood his specific case that Schedule-III land being claimed to be a joint family property purchased from the fund of the joint family, failed to adduce any evidence, oral or documentary - Both parties participated in the suit on such a..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of subsequent purchaser as a party in a suit for specific performance - Subsequent transferee is a necessary party as the question whether subsequent transferee purchased the property for value and paid the money in good faith and without notice of the original contract is to be decided in his presence -..........
Civil Procedure Code, 1908, Order 10, Rule 1,2,4 -- Non compliance of the provisions of ,O. 10.Rr.1, 2 - Penal consequence as provided in O.10.R.4 to follow which may result in dismissal of suit - Provisions have to be interpreted strictly...........
Malicious prosecution -- Damages - Mere acquittal of an accused in criminal case does not give rise to presumption of his malicious prosecution in suit for damages on that account - Issue has to be proved before civil Court independently...........
