Civil Procedure Code, 1908, Order 8, Rule 6A, 9, 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Counter claim - Court is vested with discretion to allow filing of counter claim even after filing of written statement, as long as same is within limitation prescribed under Limitation Act...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Belated counter claim by way of an amendment to original written statement U.O.6.R.17 CPC can be introduced - However, filing of such a counter claim through an amended written statement is subject to leave of Court and not accorded to defendant as a matter of right...........
Civil Procedure Code, 1908, Order 8, Rule 6A(4) -- Counter claim - Filed without affidavit - Even though defect was mere irregularity yet defendant choose not to cure it, even till final arguments in the suit - No application was moved either to file an affidavit in support of his counter claim, despite the fact that an objection in this regard was raised by counsel for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2A -- Interim mandatory injunction and police aid - Sought during pendency of appeal - Civil Court is not powerless to grant interim mandatory injunction - However, it does not mean that same could be granted even without an opportunity to the other side, especially when main appeal is pending for the past six years -..........
Arbitration and Conciliation Act, 1996, Section 16, 8 -- Jurisdiction of Arbitrator - Counter claim - Whether it falls beyond scope of reference to arbitration and such other related questions are to be determined only during enquiry - It may be that after enquiry, Arbitrator might reject the counter claim as not arbitrable and counter claim beyond the scope of reference..........
Right to Information Act, 2005, Section 2(f), 8, Constitution of India, 1950, Article 226, 227 -- Evaluated answer books - Regulations formulated by University - If any such Guidelines, Rules or Regulations running counter to provisions of RTI Act, 2005, the spirit of RTI alone would prevail and all these Regulations and procedures adopted by University are to be kept..........
Special Marriage Act, 1954, Section 27(1)(d) -- Divorce - Cruelty - Petition by wife - Consenting parties had stayed together at one place on three occasions - Allegations and counter allegations were made by each respective spouse without any corroboration from any other quarter - Conduct and behaviour of one spouse vis-a-vis other spouse appears to have caused..........
Special Marriage Act, 1954, Section 27(1)(b) -- Divorce - Desertion - Counter claim by husband - Condition of two years continuous period was not satisfied at the time of presentation of counter claim by husband - Ground of desertion taken by husband not tenable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A -- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High Court observed that..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Partition suit - Defendant can set up a counter claim even in a partition suit either against plaintiff or other defendants...........
