Civil Procedure Code, 1908, Order 21, Rule 16 -- Transposing of J.D. as D.H. - Transfer of 1/5th undivided share of one of the decree-holders to judgment debtor - J.D. cannot be transposed as D.H. - Provision of O.21.R.16 CPC envisages transfer of the interests of a decree holder in the decree to a third party assignee and not to the J.D. - J.D. cannot be transposed as..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Date of issue of notice, date of receipt of notice by drawer not mentioned in the complaint - In the sworn statement it is not stated that notice was received and acknowledged by the accused - The acknowledgement for the service of notice or the returned notice not produced along with the complaint - Held, complaint..........
Civil Procedure Code, 1908, Section 92 -- Suit for declaration that suit property belongs to religious or public trust and for permanent injunction - Suit is under general law and S.92 of the Code is not applicable - Dismissal of such suit for non compliance with procedure under S.92 of the Code is illegal - Suit is maintainable under general law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case is not to be confused with prima facie title - Prima facie case means a case which cannot be thrown out on technicalities such as the suit barred by limitation or the like - If the suit cannot be thrown out on technical grounds as not maintainable and if the suit is such that the..........
Stamp Act, 1899, Section 2(22), 2(23), Civil Procedure Code, 1908, Section 115 -- Trial Court holding the document to be a receipt and not a pronote - Revision against - Not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Maintainability of application during pendency of appeal - Explanation to Order 9.R.13 does not bar filing of application for setting aside the decree appealed - Bar is attracted only when appeal is disposed of on any ground other than withdrawal by the appellant - Even if appeal and..........
Civil Procedure Code, 1908, Order 29, Rule 1 -- Pleadings can be signed and verified on behalf of the Corporation by the Secretary or by any Director or any other Principal Officer of the Company - A suit filed by Company represented by its Secretary is maintainable...........
Specific Relief Act, 1963, Section 34, 37, 38 -- One of the L.R's of the original tenant not impleaded in the eviction petition - Suit filed by that L.R. for a declaration that the order of eviction is not binding on her and also seeking injunction restraining the enforcement of the order of eviction - It is sufficient to impleaded the legal heir who was paying the rent..........
Civil Procedure Code, 1908, Section 115, 151 -- Order u/s 151 - It is revision and not appeal which is maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 6, Rule 4 -- Suit challenging compromise recorded by LPA Bench - Nothing to show that compromise arrived at before LPA Bench was outcome of fraud, coercion, undue influence or any misrepresentation or LPA Bench recording compromise had no jurisdiction - Separate suit not maintainable...........
