Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A -- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is aggrieved by..........
Constitution of India, 1950, Article 226, 227 -- Special Civil Application (SCA) - Maintainability - Order passed by Tribunal - Tribunal not made party to proceedings - Tribunal is not required to defend its orders when they are challenged before High Court in a SCA u/arts 226, 227 of Constitution, as Tribunal is not a necessary party - Even if High Court was to require..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13(4), 17 -- Rejection of plaint - Jurisdiction of civil Court - Dispute raised by the plaintiff in the suit filed is of civil nature which is cognizable by the civil Court of competent jurisdiction -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 418, 420 -- Quashing of proceedings - Cheating - Dishonour of cheque - Compromise arrived at between parties outside Court - Matter neither involves any offence of heinous nature nor having any societal impact and dispute has come to an end under..........
Motor Vehicles Act, 1988, Section 166 -- Composite negligence - Compensation - Wife of claimant deposed that center of front of both vehicles had struck against each other, her husband was driving car at high speed and was negligent to some extent - In absence of any rebuttal of deposition of wife, no error much illegality can be noticed in findings of Tribunal that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Expartee decree - Decree holder has recorded concession for setting aside ex parte decree - In meantime decree holder sold land - Purchaser applied for being impleaded as party in application for setting aside exparte decree - Allowed by trial Court -..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Counsel for plaintiff not present - Counsel for defendant present - Plaintiff did not adduce any evidence and claim of plaintiff not admitted by defendants - In such a situation suit can only be dismissed by invoking O.9.R.8 CPC - Plaintiff thus can seek restoration of suit U.O.9.R.9 CPC - Court in such a..........
Consumer Protection Act, 1986, Section 2(d), 14(d), 14(hb) -- Consumer - Registered society running charitable institution for providing hostel facility to help adivasi students is a consumer u/s 2(d) of Act - Purchase of tiles and laying in the same in the rooms of girl's hostel by Society is thus, not for any commercial purpose - Since said tiles were defective and..........
Civil Procedure Code, 1908, Section 11, Order 12, Rule 6 -- Judgment on admission - Res judicata - Suit for possession - First appellate Court in his earlier judgment while remanding the matter to trial Court held that Delhi Rent Control (DRC) Act not applicable to suit premises - Defendant did not challenge the said judgment and it became final and binding on defendant -..........
Family Courts Act, 1984, Section 7(1) -- Explanation (c), Hindu Marriage Act, 1955, S.27 - Application for return of stridhan - To be presented in the form of plaint, failing which mandatory pre-requisites u/s 20 of Hindu Marriage Act would be missing and application itself will be outrightly dismissal at threshold - Family Court committed no error in directing the..........
