Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can issue local commission suo motu if in the facts and circumstances of the case, it is deemed necessary that a local commission is required for the purpose of adjudication of the case...........
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c) -- Rejection of plaint - Deficient Court fee - Court fee paid as assessed by Court - Plea that trial Court erred in correctly evaluating the value of property - A contentious issue needs to be determined on the basis of evidence to be led by the parties - Rejection of application - Calls for no interference...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case by Appellate Court - First Appellate Court remanded case to Trial Court although suit was not disposed of on preliminary issue by Trial Court - First Appellate Court has to decide appeal on merits as per record of Trial Court - Thus, matter remanded to First Appellate Court to decide the same on merits...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Unconditional apology - Assertion made in contempt petition basically pertain to unwarranted speeches, letters written or statements given by appellant advocate - However, appellant tendered unconditional apology and undertakes that he shall not speak on subject in issue in public except in Court proceedings,..........
Guardians and Wards Act, 1890, Section 47, 7, 8, 9 -- Minor - Appointment of guardian - Order rejecting application u/ss 7, 8 of the Act - Not appealable u/s 47 of the Act, as said order is not an order directing return of application u/s 9(3) of the Act, rather it is an order rejecting application raising objection as to territorial jurisdiction - However, since the order..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Rule of amendment is essentially rule of justice, equity and good conscience and it has to be exercised in larger interest of doing complete justice to parties - All bona fide amendments necessary for determining issue between parties should be allowed - First part of R.17 CPC gives directions to Court,..........
Civil Procedure Code, 1908, Order 14, Rule 3, 5 -- Framing of additional issues - Issue as to rectification of survey number - Suit for specific performance - No objection raised by defendants in their written statement with regard to said relief - In such situation, it is not open for defendants to contend that Court below has not properly framed the issues - Application..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Parties cannot be ordered to undergo DNA test in a mechanical manner - Direction can be issued only in deserving cases - Parties may lead evidence to prove or disprove the factum of paternity and only if Court finds it impossible to draw an inference or adverse inference on the basis of such evidence on..........
Civil Procedure Code, 1908, Section 107(2), Order 6, Rule 17 -- Amendment of written statement - Appellate court in terms of S.107(2) has same powers as that of Court of original jurisdiction where suit is instituted - Therefore, requirement of law as existed before trial Court can be exercised by lower Appellate Court for procedural compliance - Power of appellate Court..........
Evidence Act, 1872, Section 58 -- Admitted fact - When a judicial admission is made in the pleadings or in any document regarding a particular fact in issue, such fact need not be proved by adducing any evidence...........
