Civil Procedure Code, 1908, Section 80, Order 7, Rule 9 -- Suit against government instituted before expiry of two months notice period - Suit dismissed - Amounts to plaint thrown away as not validly instituted without determining the rights of the parties...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 3, Rule 4 -- Suit dismissed in default - Restoration - Notice of application can be issued to the counsel. - The authority of the advocate of the defendant is not terminated on the dismissal of the suit - No fresh power of attorney is required to be given to the Advocate to consent the..........
Civil Procedure Code, 1908, Order 11, Rule 15, 16, 17 -- Inspection of documents - Before filing an application for inspection of documents notice of inspection must be given to the party relying upon such documents - When no such notice is given the Court cannot exercise the jurisdiction to direct inspection - Filing of petition under order 11 rule 15 or rule 17 is held..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23(1) -- Execution - Show cause notice issued U.O. 21. R. 22 - Notice made absolute & order for execution passed U.O. 21, R. 23(1) Subsequent objection by defendant that decree was nullity is barred by res judicata...........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Additional evidence - Defendant felt satisfied for proving the will by producing the scribe and the attesting witnesses - In rebuttal plaintiff produced one expert - Thereafter defendant moved application to lead additional evidence for producing another expert - Held, this is not a case where some evidence came to the..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Enforcement of order - Before issuing process for recovery of the maintenance payable notice must be issued to that person giving him an opportunity to show cause that for a just reason, he has failed to pay the amount...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Husband filed petition under Section 9 Hindu Marriage Act - Notice of the petition served on wife - Thereafter wife filed maintenance petition under Section 125 Cr.P.C. - Maintenance petition so moved cannot be termed as mala fide application...........
Civil Procedure Code, 1908, Order 21, Rule 1(4) -- Further interest ceases to run from date of deposit and its notice to Decree Holder...........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court cannot declare decree as null & void on the ground that there was no proper and due notice...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Non service of notice under order 21 rule 66(2) - Sale will not be rendered a nullity...........
