Civil Procedure Code, 1908, Section 105(2) -- Remand - Appeal thereagainst not filed - Remand order cannot be challenged in an appeal against judgment and decree after remand before the forum which had passed the remand order...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Transferee pendente lite - Impleadment - Principles governing : Firstly, for the purpose of impleading a transferee pendente lite, the facts and circumstances should be gone into and basing on the necessary facts, the court can permit such a party to come on record, either under..........
Punjab Land Revenue Act, 1887, Section 16 -- Revision - Perverse order - Naib Tehsildar recommended petitioner on account of his experience as Sarbarh Lambadar - Judgment of Courts below based on mistaken/ perverse view that respondent acquired experience of Lambardari - Perverse order cannot be sustained...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Summons for judgment - To be served on defendant even if he appears more than 10 days after service of suit summons provided an exparte decree is not passed by the date of such appearance...........
Civil Procedure Code, 1908, Order 6, Rule 14 -- Plaint - Not signed by plaintiff or his duly authorized agent due to any bona fide error - Defect can be permitted to be rectified either by the trial court at any time before judgment, or even by the appellate court by permitting appropriate amendment, when such defect comes to its notice during hearing...........
Civil Procedure Code, 1908, Order 6, Rule 14 -- Plaint - Not signed by plaintiff or his duly authorized agent due to any bona fide error - Defect can be permitted to be rectified either by the trial court at any time before judgment, or even by the appellate court by permitting appropriate amendment, when such defect comes to its notice during hearing...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Expression `Otherwise' allows Court to pass judgment on the basis of statements made by the parties either in any document or even in the statement in the Court...........
Advocates Act, 1961, Section 24 -- Bar Council of India Rules, Part 6, Chapter 2, Rules 47 to 49 - Constitution of India, 1950, Articles 14, 15, 16, 19(1)(g), 21, 25 - Enrollment as Advocate - Whether priest and nuns are eligible to be enrolled as Advocates? - Held Yes - Impugned orders refusing application for enrollment as an Advocate quashed - The Enrollment Committee..........
Civil Procedure Code, 1908, Section 114 - - Review of judgment - Sought for - Ground of denial of one time settlement benefit as declared by RBI - Judgement passed 13 years back - No consent given by the JD at that time - Judgement under execution - Review not bonafide - Dismissed..........
Representation of the Peoples Act, 1951, Section 80, 100 -- Held, an election petition u/s.80 of the Act cannot be held to lead to an adjudication which declares, defines or otherwise determines status of a person or a jural relation of that person to world generally - It is merely an adjudication of a statutory challenge on question whether election of successful..........
