Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Should not be allowed in mechanical manner - Various steps laid down in Rules 12, 15 and 17 of Order 5 have to be exhausted - Before ordering substituted service - Court required to record its satisfaction that not possible to serve defendant in ordinary course - Without recording satisfaction procedure..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit for injunction and subsequent suit for specific performance - Whether barred by Order 2 Rule 2 - Suit filed for permanent injunction prior to appointed day (date fixed for execution of sale deed) restraining defendant from alienating suit property to any third person - Plaintiff not entitled to file suit for..........
Consumer Protection Act, 1986, Section 13,14 -- Chandigarh Consumer Protection Rules, 1987, Rule 4(8) - Dismissal for default - Vide zimni order dated 23.9.2002 the case was not fixed for hearing of parties on 3.10.2002 but was fixed for the evidence of OP No. 1 only - Dismissal in default of the complaint by District Forum held to be error in law relating to procedure -..........
Civil Procedure Code, 1908, Order 41, Rule 9 -- as inserted w.e.f. 1.7.2002 by Amendment Act 46 of 1999 - Memorandum of appeal - Has to be filed in the Court in which appeal maintainable as required under Order 41 Rule 1 - Merely because memorandum of appeal not filed under Order 41 Rule 9 - Will not make appeal filed in Appellate Court as defective - Appellant not..........
Civil Procedure Code, 1908, Order 41, Rule 9 -- Appeal filed without compliance with Order 41 Rule 9 - Exemption from endorsement from Court which passed the decree in view of urgency - Urgency as stay prayed for - Not sufficient cause to grant exemption...........
Civil Procedure Code, 1908, Order 19, Rule 2, 1 -- Court order that matter shall be decided on the basis of affidavits produced in evidence - Open to a party to move application before Court for attendance of deponent for purposes of cross - examination - Failure to exercise right conferred by Rule 2 to seek personal attendance of deponent for purpose of cross -..........
Consumer Protection Act, 1986, Section 27 -- Scope - Section 27 of the CP Act confers an additional power upon the Forum and the Commission to execute its order - It is akin to Order 39 Rule 2-A CPC or the provisions of Contempt of Courts Act or Section 51 r/w Order 21 Rule 37 CPC - Section 25 should be read in conjunction with Section 27 CP Act...........
Civil Procedure Code, 1908, Order 34, Rule 8, 7(1), 7(2) -- Usufructuary mortgage - Final decree in redemption suit - Limitation - Court in preliminary decree fixed time for payment of amount declared due - Default in depositing payment - Mortgagor not debarred from his right to redeem mortgaged property - Sub-rule (2) of Rule 7 Order 34 providing for extra time to..........
Prevention of Food Adulteration Rules, 1955, Rule 14 -- Milk - Sample - To be drawn in clean and odourless glass bottles - Rule 14 is mandatory - Violation of mandatory provision - Order of acquittal, cannot be said to be in any way perverse or unreasonable or unjustified...........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11 -- Court's direction to file written statement without deciding application under Order 7 Rule 11 - Order suffers from non - exercise of jurisdiction vested in Court as well as procedural irregularity - Liable to be set aside...........
