Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for recovery of money for damages and compensation - Suit being money suit is governed by provision as contained u/s 7(i) of the Act and not Schedule II of the Act...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for recovery of money for damages and compensation - Plaintiff has quantified the costs that he claimed to have suffered on account of malicious prosecution alleged at the hands of defendant - Suit filed for claiming damages on account of such malicious prosecution - Merely for the reason that in prayer clause he..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - Court of its own cannot extend time to file written statement in the absence of an application either for extension of time or for condonation of delay...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - No question framed about lack of evidence, sub letting or incorrect appreciation of facts by Appellate Court on which the final finding of High Court is returned - More so, there is no discussion by High Court as to reasons required for departure from substantial questions of law framed at the stage..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Application to strike out defence - Notwithstanding an order passed earlier to proceed ex parte, while deciding an application for striking out defence, it was duty of Court to give an opportunity of being heard to the defendants - However, that was not done - Order striking out defendants'..........
Demolition of property on ground of involvement in crime -- Transgression by a family member cannot invite action against other members of the family of their legally constructed residence - Alleged involvement in crime is no ground for demolition of property - Moreover, alleged crime has to be proved through due legal process in a Court of law - Court cannot be oblivious..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Work of Lok Adalat is only to dispose of case where settlement or compromise is arrived between parties - However, in the event, compromise is not arrived, then it should be referred to Court as provided u/s 20(5) of the Act for disposal in accordance with law...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - There can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of parents which have to be enforced...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While exercising power U.O.7.R.11 CPC, Court has to see whether plaintiff establishes a cause of action and whether from the averments by itself would invite a decree - It is not necessary for Court to consider overall defect of case of plaintiff as well as defendant for arriving at conclusion as to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court should have indicated its reasons for holding that plaint is also liable to be rejected U.O.7.R.11(d) CPC...........
