Civil Procedure Code, 1908, Order 21, Rule 35, Easements Act, 1882, Section 13 -- Order for opening of way - Execution of - Entitlement to - Private respondents are the heirs of "J" and "V" who were indeed impleaded as party respondents before High Court - Held, they have locus standi to file the application for execution...........
Civil Procedure Code, 1908, Order 21, Rule 35, Easements Act, 1882, Section 13 -- Order for opening of way - Application for execution - Limitation - Enforceability of the order dated 22.01.1996 was finally pronounced in order dated 15.09.2009 passed by High Court - Application for execution filed on 04.10.2010 - Held, it cannot be considered barred by limitation...........
Civil Procedure Code, 1908, Section 151 -- Ex-parte adverse order - Setting aside of - Application for - Dismissal of - Validity - Petitioner abandoned the case after 01.04.2011 and did not attend proceedings on 06.10.2011, 24.10.2011 and 11.01.2012 - According to petitioner, a new counsel was engaged who appeared on 08.02.2012 and they came to know of passing of adverse..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Refusal to set aside - Validity - Petitioner abandoned the case after 01.04.2011 and did not attend the proceedings on 06.10.2011, 24.10.2011 and 11.01.2012 - According to petitioner a new counsel was engaged who appeared on 08.02.2012 and they came to know of passing of adverse orders - Application under..........
Civil Procedure Code, 1908, Order 9, Rule 10, 13 -- Ex parte order against dead person - Setting aside of - Respondents could not bring all legal heirs on record at relevant time - Application filed by petitioner for setting aside ex parte award/order passed against dead person - Held, such award will create further complication when same is put for execution by..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Defendant filed reply to application for temporary injunction filed by plaintiff - Application to treat the reply as written statement to the main suit of permanent injunction - Rejection of - Legality - Held, trial Court had erred in rejecting the Application for treating the reply as written statement - Order passed on..........
Criminal Procedure Code, 1973, Section 451 -- Truck released on bank guarantee of Rs.4 Lakhs - Order set aside as onerous - Vehicle ordered to be released on supurdaginama on other terms...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357, 421, Indian Penal Code, 1860, Section 64 -- Dishonour of cheque - Sentence in default of payment of compensation - Held, Court can impose sentence in default of payment of compensation - Plea that only recourse can be had to S.421 of the Code for enforcing the order of compensation..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - If fine is not part of order of sentence, Court may order accused to pay compensation to victim...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Land dispute between parties was settled by Consolidation Court - Once the order of Consolidation Court become final, any further proceeding or suit in respect of the same cause of action between the same parties or persons claiming rights through them is barred by S.49 of Consolidation Act..........
