Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Part of suit land already sold - Impleading of subsequent purchaser - Subsequent purchaser not a party to the agreement who is stranger to the contract - Subsequent purchaser if impleaded scope of suit will be enlarged from specific performance of contract to suit for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Written statement filed and thereafter application U.O.7.R.11 CPC for rejection of plaint filed - Plea that suit is not maintainable - Order that objections raised by defendant shall be taken into consideration after recording evidence of both the parties - No error...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for cancellation of sale deed - On the ground that it is illegal, null and void without seeking possession of property - Plaintiffs are liable to pay ad-volorem Court fee on the consideration of sale deed sought to be cancelled...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Agreement between parties - Ouster clause pertaining to jurisdiction - Adherence to - Held, ordinarily Court would respect arrangement/agreement entered between the parties and court is not obliged to entertain suit and would be guided by agreement entered between the parties for their..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 26Plaint -- agreement to sell - Amendment sought in plaint and agreement to sell in a suit for specific performance to the effect that Gat No.459 be read instead of Gat No.159 - Held, by way of an order on an amendment application Court cannot direct amendment in the document itself -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan Transaction - Criminal complaint u/s 138 of the Act - Maintainability - Contention that transaction being loan transaction, remedy to recover sum of disputed cheque by way of civil suit available to complainant - Held, apparently impugned transaction being transaction of cheque squarely covered..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Legally payable debt - Existence of - Cheque issued to satisfy money payable under consent decree in Special Civil Suit got dishonoured - Complaint - Quashing of - Held, plaintiff had already performed proclamation of relinquishment by..........
Civil Procedure Code, 1908, Order 2, Rule 3, Arbitration and Conciliation Act, 1996, Section 8 -- Cause of action - Joinder of - Power of Court - Held, in cases where separate causes of action based on independent contracts are united in one suit and some of those contracts contain provision for arbitration while others do not, it is within power of Court to direct..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of document - Objection as to document not sufficiently stamped and not registered - Objection if raised at the time of marking the document in evidence Court is duty bound to decide the objection raised before proceeding with trial of suit...........
Civil Procedure Code, 1908, Section 100, Order 1, Rule 9,13 -- Second appeal - Non-joinder of necessary parties - Suit for Partition - Defect of non-joinder of necessary parties cannot be cured by impleading them in appeal and is fatal to suit for partition...........
