Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Provision of O.8.R.6-A CPC does not put an embargo on filing counter claim after filing the written statement - Restriction is only with respect to the accrual of cause of action - However, this does not give absolute right to defendant to file counter claim with substantive delay, even if limitation period..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Compromise between landlady and tenant - However, tenant and proforma nos.2 to 4 did not adhere to financial discipline as agreed by them - Tenant and proforma respondents no.2 to 4 did not adhere to terms and condition of second compromise - Conduct of tenant shows that he is a mischievous..........
Constitution of India, 1950, Article 32, Shri Jagannath Temple Act, 1954, Section 21 -- Administration of Temple - Schools for children of servitors - Directions issued that: (i) Temple Managing Committee to allot suitable place for the school for children of servitors; (ii) School should also cater to other members of public, and not exclusively for children of such..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 days in filing first appeal - Delay can be condoned as meritorious matters cannot be thrown at the verge of technicalities - Moreover, delay can be condoned subject to payment of adequate costs by petitioner in terms of S.35-B CPC - Delay condoned subject to payment of cost of Rs.15,000/-...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - 90% permanent disability - Cost of artificial limb - As per proposal/quotation artificial limb costs Rs.5,14,038 inclusive of value of artificial limb and its accessories and after 2 years of free service, maintenance charges would be levied on the same - Further, life of artificial limb is four to..........
Evidence Act, 1872, Section 63C, 65 -- Secondary evidence - Photostate copy of original documents - Original documents proved to be lost - Requirement of S.65-C of the Act is fulfilled - Applicant directed to file photostate copy of original documents as secondary evidence subject to payment of Rs.1000 as cost...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision against order of conviction - Complainant accepted sum towards full and final settlement of dispute - Conviction and sentence set aside subject to deposit of cost of 15% of cheque amount with Rajasthan State Legal Services Authority...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - There was formal defect on basis whereof suit filed by plaintiff to assail sale deed was dismissed by trial court and findings of trial Court were affirmed in appeal - Withdrawal of suit at appellate stage after 16 years of filing of suit - Respondent can well be compensated with cost for failure of..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents sought are relevant with regard to dispute between parties except document No.1 - Said documents are in the name of person for whose properties suit for partition is being filed by plaintiffs - Documents except document No.1 are taken on record subject to payment of Rs.4000 as cost..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Production of photographs - Petitioner only wants to put other party to cross-examination as to whether such photographs showing presence of prosecutrix were actually taken in her presence or not - Court below rejected the application on the ground that petitioner had not produced source from which photographs were..........
