Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Plaint - Amendment - By way of amendment relief of simple money decree sought in a suit for sale of mortgaged property - Even if application for amendment is filed after expiry of limitation there is no bar in allowing the same because both reliefs are identical and flow from the..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 468 -- Criminal breach of trust - Limitation - Is a continuing offence which continues until the property is restored to its true owner...........
Civil Procedure Code, 1908, Order 7, Rule 6 -- Limitation - Exemption - Ground of exemption from limitation must be pleaded in the plaint - Unless plaint is amended it is not open to the parties to rely on an exemption not pleaded in the plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment not changing nature of suit - Defendant compensated by costs for delay in seeking amendment - Merits and demerits to be seen at trial - Amendment whether barred by limitation to be decided at trial - Legal issue of primogeniture would also be decided at trial - Held, amendment allowed is proper...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery - Limitation - Amount for May, 1997 became due in June, 1997 - Application for recovery filed on 2.6.1998 - Order of recovery for payment from May, 1997 to May, 1998 is neither illegal nor perverse...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 469 days - Applicant came to know for the first time about ex parte decree when notice in execution was served on him - Trial Court set aside exparte decree after condoning delay - High Court in revision set aside the order of trial Court - Appellant..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Additional ground - As additional ground raised is question of limitation which involves substantial question of law, same is permissible...........
Civil Procedure Code, 1908, Order 20, Rule 11, Limitation Act, 1963, Article 126 -- Decree - Instalments - Limitation to file application for payment of decretal amount in instalments after passing of the decree is 30 days...........
Limitation Act, 1963, Civil Procedure Code, 1908, Section 151 -- Limitation - Order obtained by playing fraud on the Court - Same is nullity and can be challenged at any stage and Court can recall it even under its inherent powers...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 203, 482 -- Complaint - Dismissal for default - Court becomes functus officio and Magistrate has no jurisdiction to recall his order - Restoration of complaint can be ordered by High Court - In view of fact that second complaint of offence of dishonour of cheque is not possible on..........
