Civil Procedure Code, 1908, Section 80, Transfer of Property Act, 1882, Section 106 -- Composite notice u/s 80 CPC and S.106 T.P.Act - Permissible and valid - Purpose of notice u/s 106 of the T.P. Act is to determine the tenancy and to give information of the proposed legal action and purpose of notice u/s 80 CPC is to give the authorities sufficient information regarding..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Order to implead a party - No prejudice likely to be caused to plaintiff from the exercise of such discretion - Review petition dismissed with costs of Rs.20,000/-...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Ready and willingness - If there was no defaulting clause stipulated in decree for payment of balance sale consideration then Court has right to extend time even if balance sale consideration was not deposited within stipulated period - Such extension of time can be ordered without..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Ready and willingness - Decree obtained after full contest shall not allowed to be interfered with any normal circumstances unless and until, Court is satisfied that readiness and willingness on part of decree-holder is lacking - Such funding cannot be recorded only on fact that amount was..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Veracity of pleadings - Court shall not deal with merits of the matter at the time of numbering of suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding to accept or to reject plaint, what is to be seen is only averments made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - If plaint discloses cause of action but averments do not show that suit is barred by any law, defects cannot be looked into to reject plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Consists of bundle of facts and events - Adequacy or inadequacy of cause of action is hardly necessary, as it is a matter of appreciation of material placed after filing of written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 1 -- Rejection of plaint - At the stage of numbering of suit - Allegation that defendants got executed document deceitfully and fraudulently with malafide intentions - Requires leading of evidence - Court shall not deal with merits of matter at the stage of numbering of suit - Rejection..........
Civil Procedure Code, 1908, Order 47, Rule 1(2), Land Acquisition Act, 1894, Section 54 -- Review - Acquisition proceedings - A decision on a question of law is also involved in the assessment of compensation for land acquired in a land acquisition reference or appeal - Any subsequent decision on question of law which is a component of assessment of compensation by a..........
