Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Conditional leave granted with a condition to deposit 50% of the amount of suit claim - If condition is not complied with then a judgment in favour of plaintiff can be passed - First appeal is maintainable against such a decree...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Principles governing : (a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue..........
Judicial indiscipline -- Name of victim of rape mentioned in judgment - Held, this is judicial indiscipline...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Conditional leave granted with a condition to deposit 50% of the amount of suit claim - If condition is not complied with then a judgment in favour of plaintiff can be passed - First appeal is maintainable against such a decree...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Principles governing : (a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Fracture of right hand while travelling as passenger in a bus - Appellant aged 29 years and working as a fitter - Award of Rs.2, 50, 500 as compensation - High Court holding appellant guilty of contributory negligence to the extent of 50% and awarding Rs.50, 000/- towards permanent disability - Held, High..........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - Distinction as regards subject matter of suit and territorial and pecuniary jurisdiction - Judgment in the former case would be a nullity whereas in the latter it would not be...........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Quashing of notification sought on the ground of discrimination - Appellant taking plea that construction made by them has been acquired whereas similar kind of construction made with regard to others similar situated persons has been left out - High Court dismissed petition - Judgment of High Court set aside -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - An appellate Court has full power to review, reappreciate and reconsider the evidence upon which order of acquittal is founded - There is no restriction on appellate Court and it can reach its own conclusions both on questions of fact and of law - If two views are possible then High Court would not..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Bona fide requirement - Revision of appeal has to be decided on the basis of cause of action which was available at the time when eviction petition was instituted - Once trial is over and judgment is pronounced no new circumstance can be considered either during revision or appeal...........
