Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Partnership firm dissolved - Counter claim in respect of accounts and share in profit beyond period of three years - Counter claim is barred by limitation...........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Civil Procedure Code, 1908, Order 7, Rule 11(c) -- Counter claim - From the facts pleaded in written statement when it emerges that it is a counter claim then in that event proper course for Court to adopt is to proceed U.O.7.R.11(c) CPC and require the defendant to pay the requisite Court fee and in the event of not paying..........
Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Order 7,, Rule 1 -- Oral prayer - Writ petition challenging award passed by Tribunal - No relief claimed regarding benefit of enhanced solatium and interest - Oral prayer for grant of entitlement. Held - Settled law that no relief can be granted beyond the one claimed - However, in a given case,..........
Indian Penal Code, 1860, Section 302, 34 -- Assault by three accused with knife and lathies - PW1 son of deceased PW3 who was to appear as witness for deceased in Court on date of occurrence, claimed to be eye witnesses as they were following deceased at some distance - False implication could not be ruled because of enmity - Presence of PW1 appeared doubtful - PW1..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Right to file - Allowed subject to affixation of court fee - Failure to pay court fee - Court has to give time to file written statement...........
Cantonment Act, 1924, Section 14(2)(c) -- Words and phrases - Expression `Consultation' - Held that the consultation requires the persons to make their respective points of view known to the other or others and to discuss and examine the relevant merits of the views - If one authority makes a proposal to other who has counter proposal and which is not communicated to the..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Survives even when defence is struck off - Counter claim is nothing but a counter suit...........
Rent and Eviction -- Tenant filed suit for specific performance of agreement for sale of suit premises - Counter claim of landlord for possession by eviction - Tenant failed to establish his claim - Held, counter claim of landlord cannot be decreed only on ground that tenant had denied title of landlord when jurisdiction of Civil Court is barred by Rent Act...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Filing counter claim and allowing the same interse defendants - Permissibility and legality - Neither permitted nor legal - Granting relief on such counter claim - Illegal...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Right to file - Appropriate stage explained - Need not be raised in written statement - It has to be registered as a cross suit to be disposed of in same trial - Rejection of counter claim on ground that it ought to have been raised in written statement - Not proper...........
