Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Objection to the report of Local Commissioner filed by plaintiff - Opposite party cannot be permitted to examine Local Commissioner without disposing of the objections to the report of Local Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Objections - Once specific objection is raised that Local Commissioner has not demarcated the land as per law, Court at the first instance, ought to examine the legality and correctness of the report submitted by the Local Commissioner...........
Civil Procedure Code, 1908, Section 152, 151, 11 -- Correction/amendment of decree - Res judicata - Application u/ss 152, 151 CPC is not maintainable filed after rejection of application filed u/s 47, 151 CPC raising same objection, being hit by res judicata...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Limitation Act, 1963, Section 3 -- Limitation - It is bounden duty of Court to examine as to whether suit is within limitation or not even if no such objection is raised by defendant...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In an earlier suit between the parties, `N' Local Commissioner was appointed - Opposite counsel having no objection in appointment of `N' - `N' appointed as the Local Commissioner...........
Civil Procedure Code, 1908, Order 1, Rule 13 -- Non-joinder of a party - Objection as to - Defendant failed to satisfy Court that objection regarding non-joinder of a party was taken by them in written statement or at earliest possible opportunity - Objection raised by defendants not tenable in view of O.1.R.13 CPC...........
Civil Procedure Code, 1908, Section 47, Indian Contract Act, 1872, Section 128 -- Execution - Objection by Surety - JD/surety who suffered a joint and several decree cannot stop execution of decree against him until creditor has exhausted his remedy against principal debtor or other JDs - She does not have a right to dictates terms to DH as how he should pursue his..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount deposited with trial Court has been agreed to be released in favour of complainant - Complainant has no objection for compounding the offence in case said amount is released in his favour - Offence ordered to be compounded - Conviction and sentence set aside...........
