Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Three modes - Written statement may itself contain a counter claim, secondly a counter claim may be preferred by way of amendment incorporated subject to the leave of the Court and thirdly counter claim may be filed by way of a subsequent pleading under rule 9 order 8 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - By way of amendment of written statement or by way of subsequent pleading - If it is to prolong the trial or complicate otherwise smooth flow of proceedings or causing a delay by forcing a retreat on the steps already taken, Court would not allow belated counter-claim...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Belated counter claim - Refusal by Court to entertain - Defendant in spite of counter claim having been refused to be entertained is at liberty to file his own suit based on the cause of action for counter-claim...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- as it stood prior to 1.7.2002 - Counter-claim - Right to file - No written statement filed - Counter-claim cannot be entertained - Court's discretion...........
Civil Procedure Code, 1908, Order 8, Rule 1, 9, 10 -- (As amended with effect from 1.7.2002) - Written statement - Omission to file within ninety days from date of service of summons - Court has power to give one more chance to file written statement within 30 days - Power is discretionary and can be exercised for reasons to be recorded in writing - Written statement so..........
Criminal Procedure Code, 1973, Section 209, 323, 407 -- Case not exclusively triable by Court of Sessions - Can be committed to Sessions Court when counter case arising out of same occurrence in which the allegation regarding commission of offence exclusively triable by Court of Session is pending in the Court of Sessions for trial...........
Land Acquisition Act, 1894, Section 54 -- Several appeals in the form of counter - claims both of land owners as well as Acquiring Authorities - Segregating of appeals filed by claimants from appeals filed by Acquiring Authorities for separate consideration as well as manner of disposal adopted - Do not conform to a proper, reasonable and lawful exercise of powers of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Punishment for violation of injunction order - When once the order is violated it is open for the Court either to commit the contemnor for civil prison or to attach the property or to order both - Conditional attachment of property and deposit of Rs.20, 000/- in unwarranted as it runs counter to statutory provisions -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Written statement - Amendment sought in written statement to set up counter claim - Held, counter claim by amendment of written statement cannot be set up when claim is barred by time...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 8, Rule 6 -- A - Amendment of written statement to set up counter - claim - Cannot be allowed when claim barred by time - A party cannot be allowed to set up a case barred by time...........
