Civil Procedure Code, 1908, Order 1, Rule 13 -- Non-joinder of a party - Objection as to - Defendant failed to satisfy Court that objection regarding non-joinder of a party was taken by them in written statement or at earliest possible opportunity - Objection raised by defendants not tenable in view of O.1.R.13 CPC...........
Punjab Land Revenue Act, 1887, Section 121, 118 -- Partition - Once decision on the property to be divided and on the mode of partition is taken by Revenue Officer u/s 118 of the Act, joint status of parties would stand severed on the date of such decision, subject to decision in appeal if any preferred by party - Merely because instrument of partition was not drawn, it..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Alteration in date of cheque - Accused produced Xerox copy of cheque wherein bank seal is visible - That itself disclosed that after bouncing of cheque it was xeroxed and it is evident that when cheque was issued, it was already tampered as the date was altered and it was within knowledge of accused - A..........
Legal Services Authorities Act, 1987, Section 21 -- Modification of compromise decree passed by Lok Adalat - Once parties report settlement and award is passed by Lok Adalat, it becomes functus officio and any aggrieved party has to seek redressal of his grievance by approaching a writ Court u/art 226 of Constitution - Modification of compromise decree by Legal Services..........
Early hearing or time bound disposal -- Divorce petition filed in Family Court - Motion made by a party - If any justifiable or valid reason for early hearing or time bound disposal is not stated then Family Court has to dismiss that application, stating a brief reason - However, if applicant has stated any justifiable or valid reason for early hearing or time bound..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Observation made by Court in succession certificate proceedings regarding status of person as widow, cannot be said to be a finding binding upon opposite party as operating res judicata, as opposite party would be well within their rights to question said title or status of person in an appropriate proceeding...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - A party is disentitled to invoke equitable jurisdiction u/art 226 of Constitution, where there is suppression of material facts, concealment of full details of litigation, present and future between the parties qua subject matter of dispute, distortion or manipulation of relevant facts, misleading Court by..........
Practice and procedure -- Negligence - Wrong legal advice in absence of any proper legal guidelines cannot be held negligence on the part of a party...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - U.O.17.R.1 CPC on a date of adjourned hearing, if a party was absent, Court either would act U.O.9 CPC or otherwise as it thought fit or if a party was present but it did not produce evidence, it would proceed to decide suit forthwith without benefit of evidence...........
