Civil Procedure Code, 1908, Section 35B -- Costs - Non-payment - If party does not pay costs on adjourned day, only course available to Court is to disallow prosecution of case or defence as the case may be...........
Civil Procedure Code, 1908, Section 47, Partnership Act, 1932, Section 42(c) -- Execution - Objections - Partnership firm - Two partners - One partner obtained a decree against the other partner - Death of both the partners - Decree obtained by one partner against the other is not executable decree as on death of a partner, partnership stands dissolved by operation of law..........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - If there is element of cheating and fraud it is always open for a party in a contract to prosecute the other side for the offences alleged - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - Novation of contract - Whether there is novation of contract or not and the effect of such entering into contract is a matter which is to be considered after trial but not at the stage of considering..........
Civil Procedure Code, 1908, Section 9 - - Jurisdiction of civil Court - Suit for damages - Civil Court jurisdiction is not barred to entertain suit for damages in the light of Tamil Nadu Property Act, as Act does not oust jurisdiction of civil Court either expressly or by necessary implication.
(7) An exclusion of the jurisdiction of the civil court is not readily to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court to decide such application before proceeding with the trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for rejection of plaint can be filed at any stage of the proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 14, Rule 1 -- Rejection of plaint - Issue framed as to whether plaint is liable to be rejected - Said issue should be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte eviction order - Setting aside - Report of the process service clearly reflects that there is no mention of either the name or address of the person in whose presence copy of the summons was affixed - Order holding the service effected is patently illegal and is hereby set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important is not in itself a sufficient ground for admitting that evidence in appeal...........
