Civil Procedure Code, 1908, Section 115, Order 38, Rule 5, 6 -- Court not passing any order under rule 5 - Order rejecting prayer for attachment can be deemed to be an order under rule 5 and not rule 6 - Hence revision u/s 115 is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Exparte interim injunction - Failure to record reasons or failure to require applicant to perform duties enumerated in clauses (a) and (b) of Rule 3 - Order can be deemed to contain such requirements at least by implication...........
Consumer Protection Act, 1986, Section 13(4), Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of complaint - Held that the Commission has no powers to entertain an amendment application under Order 6 Rule 17 CPC...........
Co-owner -- Rights and liabilities - (1) A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of the joint property by one co-owner is, in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount..........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 18, 19, 20, 21, 22, 23 -- Judgment on admission - Judgment can be passed if admission is there in the pleadings - As admission for passing the judgment is based on pleadings itself as such it is unnecessary to examine as to what kinds of admissions are covered by Order XII, Rule 6 CPC...........
Civil Procedure Code, 1908, Order 11, Rule 11 -- In the absence of an order under this rule, no action can be taken against the defaulting party - An order granting leave U.O.11.R.11 to deliver the interrogatories does not amount to an order under this rule - This necessarily leads to the examination of interrogatories served and the answers provided or the objection..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money on account of non - payment for goods supplied on the basis of order slips issued by officials of defendants and delivered on challan on credit basis and bills issued, payments of items to be made within a week of delivery - Suit an ordinary suit for recovery - Not a suit under Order 37 Rule 1...........
Service -- Deputationist - Claim of deputationist for permanent absorption in the department where he works on deputation - No claim as of right in absence of statutory rule, regulation or order having force of law...........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12, 21A -- Reallotment application after resumption order under Rule 12(3) - Authorities directed to consider reallotment application favourably and if no good reason to reject application see that applicant able to retain possession of land - Capital of Punjab (Development and Regulation) Act, Section 8-A...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Expert - Examination in rebuttal - Will - Initial onus to prove on plaintiff is discharged on examination of scribe and attesting witnesses - Examination of an expert in the first instance is not essential - If the defendant examines a handwriting expert, plaintiff can well take it that onus again shifted on him to rebut..........
