Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949 -- Amendment of pleadings - Courts while deciding application seeking amendment of applications must first analyze as to whether strict rules of procedure as provided under CPC are applicable or not - Thereafter, Courts must proceed to examine as to whether amendment being sought is..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Suit for eviction - Proposed amendments are only clarificatory in nature so as to obviate rejection of petition on ground that landlord has not disclosed the facts - Moreover, for the fault of office bearers/representative landlord should not be..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Suit for eviction - Whereever amendments are substantive or Court comes to a conclusion that effort is to delay disposal of application Courts would be justified in dismissing the petitions - Further, there can be cases where tenant with a view..........
Civil Procedure Code, 1908, Section 151 -- Eviction order - Stay of order of eviction - Vacation - Application seeking vacation of stay cannot be permitted because stay order already confirmed - However, application simultaneously seeking mesne profits which can be granted by Court since eviction was being protected by interim order - Tenant required to pay minimum rent..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Claim of payment of interest on delayed payment of arrears of salary - Petitioner either failed to claim the said benefit of interest or not pressed the same at the relevant time, when cases were decided - He cannot now be permitted to raise the same plea by way of separate writ petition - Writ petition..........
Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - S.149 CPC confers discretion upon Court to allow a person to pay deficient Court fees at any stage - Once Courts exercises such a discretion and payment of Court fee is made in accordance with said decision, document u/s 149 CPC shall have same force and effect as if such fee had been paid in first..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Agreement to sell - Plaintiff filed suit for mandatory injunction after more than three years of date fixed under agreement of sale and valued the same and paid Court fee accordingly - He chose to pay proper Court fee after being confronted with an application for dismissal of suit - Plaintiff..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Acquittal - Leave to appeal - Complainant failed to prove that cheque issued by accused in favour of complainant was for payment of `outstanding dues' - Therefore, offence u/s 138 of the Act is apparently not made out -..........
Agreement of re-conveyance -- Specific performance - Readiness and willingness - No evidence to show that plaintiff has means to make arrangements for payment of consideration under re-conveyance agreement - Intention of plaintiff not to pay amount as per agreement is clear from application filed by plaintiff though dismissed before competent authority seeking..........
