Civil Procedure Code, 1908, Order 20, Rule 19 -- Decree passed in a suit where counter claim was preferred - Appeal against - Cross objections of the petitioner will be decided by the same appellate Forum...........
Voluntary retirement -- Conditional offer - When an offer is conditional, the offeree has the choice of either accepting the conditional offer, or rejecting the conditional offer, or making a counter offer - But what the offeree cannot do, when an offer is conditional, is to accept a part of the offer which results in performance by the offeror and then reject the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - 'Possession relevant consideration to grant injunction - Suit for declaration that plaintiff owner in possession of suit land - Injunction also sought restraining defendant from interfering in possession - Claim based on enteries in revenue record - Defendant asserted his title and possession over..........
Civil Procedure Code, 1908, Order 8, Rule 6E -- Counter claim - Plaintiff not filing written statement - Will not automatically result into passing of a decree - Defendant has to prove its case...........
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, Section 6(1), 7(1) -- Forfeiture of property - Reasons to be recorded in writing - Reasons in notice u/s 6(1) recorded in writing - Held, this is not sufficient - Whenever the statute requires reasons to be recorded in writing, then it is incumbent on the parties to produce the said reasons..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When permissible - Suit for mandatory injunction to cut and remove trees - Defendant alleging encroachment by plaintiff - No counter claim set up in written statement - Application by defendant to appoint LC for demarcating land and to report about encroachment - LC appointed by Trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No equitable right can be granted at the cost of lawful right of the other - Suit for possession by way of specific performance of agreement - Defendant raising counter claim challenging validity of earlier sale deed as well as agreement to sell - Application u/o 39 R. 1 & 2 by both the parties - Plaintiff restrained from..........
Electricity Act, 2003, Section 151, Electricity Rules, 2005, Rule 12 -- Rule 12 of Electricity Rules 2005 does not run counter to any of the provisions of Electricity Act or to the Scheme and object of the Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- FIR filed by wife under section 498-A IPC against husband and others - Quashing of FIR sought on the ground that it was a counter-blast to divorce petition filed by husband - Whether FIR was as a counter-blast to the divorce petition or not is to be decided by Trial Court after parties..........
Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Interim Injunction - Bar of jurisdiction of Civil Courts - Plaintiff secured loan by hypothecation and charge from the Financial Institution - Financial Institution issued notice for enforcement of obligation - Plaintiff filed suit for mandatary injunction - Application for interim injunction also filed -..........
