Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleading of Legal Representatives - Suit for possession - Defendant alleged to be trespasser, in illegal possession - Plaintiff expired - Application for impleading LRs on the basis of registered will - Defendants also claiming themselves as LRs on the basis of another registered will - Interest of defendant runs counter to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counter claim set up by defendant - Defendant absent - Suit decreed exparte - In application relief claimed as to setting aside exparte decree and to restore suit - No relief claimed nor granted of setting aside the dismissal of counter claim and of restoring the same to be tried on merits -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Exparte decree - Setting aside - Defendant filed written statement and counter claim - Issues framed and plaintiff filed evidence affidavit - On subsequent date defendant and his counsel absent - Suit decreed - There was no order calling upon defendant to produce evidence - Decree..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Court fee has to be paid on counter claim as it is treated as a plaint...........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Contract of construction work - In case of any dispute sole arbitrator was to be appointed by the Chairman of respondent - Respondent given option to submit a list of three names - Petitioner giving his option - Sole arbitrator appointed - Sole arbitrator to adjudicate disputes between parties..........
Constitution of India, 1950, Article 226, 227, Punjab Co-operative Societies Act, 1961, Section 36, Punjab Co-operative Societies Rules, 1963 -- of Appendix - C - Illegal election programme - Election of Board of Directors of Central Cooperative Bank - Writ petition for quashing election programme and subsequent election process - Guidelines issued by Registrar for holding..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent as per registered post and also as per UPC - Notice sent as per registered post returned by postman by endorsing false report - Notice sent under UPC received by addressee - Service of notice denied by..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof and onus of proof - Distinction - Right to begin follows onus probandi - It assumes importance in the early stage of a case - Question of onus of proof has greater force, where the question is which party is to begin - Burden of proof is used in three ways : (i) to indicate the duty of bringing forward evidence in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Company - Director resigned prior to issuance of cheque - No counter credential projected by complainant - Petitioner cannot be fastened with criminal liability under Section 138 of the N.I. Act...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19 -- Recovery of debt - Application by bank - Borrower filed civil suit for damages for non disbursal of loans - Prayer of Bank that as civil suit could not be tried by the High Court, it should be transferred to the Tribunal - Plea of Bank that civil suit filed by borrower was broadly in the..........
