Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 43, Rule 1 -- Revision against order directing ex parte proceedings against defendant or dismissal of application for setting aside ex parte order within purview of Order 9 Rule 7 - Maintainable - Any order passed under Order 9 Rule 7 not appealable under Order 43 Rule 1...........
Specific Relief Act, 1963, Section 37 -- Where the title is not in dispute, a suit for injunction is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Market Committee - Previous sanction to maintain legal proceedings - Previous sanction contemplated by S.84(4) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 is not applicable to the prosecution proceedings for an offence under Section 138 of the Negotiable Instruments Act - Complaint is maintainable...........
Civil Procedure Code, 1908, Section 151, 144 -- Restoration of possession - Inadvertent mistake of Court in directing warrants of possession to be issued - Possession taken in pursuance of such warrants of possession - Cannot be retained - Plea that application under Section 144 maintainable only if there was any variation or reversal of judgment or decree in appeal or..........
Arbitration Act, 1940, Section 39, 41 -- In an appeal under Section 39 of the Act, cross-objection by the respondent is not maintainable...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Maintainability - Person not a candidate before Collector - No locus standi to file appeal - Only one person applied in response to proclamation, Collector found him suitable for the post and appointed him Lambardar - Appeal before Commissioner claiming to be in public interest by a person not a candidate..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction petition on ground of non payment of rent - Suit resisted on ground that plaintiff was benamidar and suit not maintainable - Finding that plaintiff is the owner - Suit dismissed on defendant depositing arrears of rent - Subsequent suit for eviction on ground of bona fide requirement for own use - Defendant..........
Succession Act, 1925, Section 381, Provident Funds Act, 1925, Section 5(2), Insurance Act, 1938, Section 39(5) -- Succession certificate in respect of dues of Provident Fund, Compulsory Deposit Scheme, Life Insurance, Arrears of pay, Death-cum-retirement gratuity etc. - Certificate can be granted for provident fund in view of S.5(2) of Provident Funds Act and also in..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Cost of notice also demanded - Notice is not valid - Complaint not maintainable - Drawee can make demand of cheque amount only and nothing more - If complaint is filed for any amount other than the cheque amount the case under section 138 of the Act does not lie...........
Transfer of Property Act, 1882, Section 105, 107 -- Lease or licence - `Rent' is not decisive of relationship between parties - Intention of the parties at the time of entering into agreement is relevant factor - Suit filed for eviction on ground respondent was induced into possession as licensee and licence stood terminated - Respondent's plea that he was tenant entitled..........
