Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Set aside after condoning delay - Propriety - No separate application for condonation of delay filed - But grounds have been made praying condonation of delay and affidavit also filed explaining reasons for delay - Held, once Court exercised discretion in positive manner,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Condonation - While considering the delay condonation application court has to see the merit of the case also as the law of limitation is not meant to take away the right of appeal - The courts are meant for imparting justice and not to scuttle the..........
Evidence Act, 1872, Section 119, Oaths Act, 1969, Section 4,5,7 -- Deaf and dumb witness is a competent witness - Neither dumb witness nor the person who acted as interpreter administered oath - Held, omission of administration of oath or affirmation does not invalidate any evidence in view of S.7 of Oaths Act, 1969...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Earlier application filed seeking to implead subsequent buyer of property was allowed - Application for amendment has now been filed seeking alternative relief of refund of earnest money along with interest - Contention of..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 7 -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- L.R's. - Impleading - An adjudication in the course of proceeding to substitute legal representatives does not make the legal representative heirs as such - The finding should be construed to have given only for the prosecution of the proceeding - It is not a decision on merits - It cannot operate as res judicata...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(5) -- Appeal against conviction - Suspension of sentence - Power of Court - Held, appellate Court may impose conditions while suspending sentence - Such power of imposing conditions is discretionary - There is no impediment to put applicant on terms, while suspending substantive..........
Constitution of India, 1950, Article 133, Environment Protection Act, 1986, Section 3, Environment (Protection) Rules, 1986, Rule 5 -- Environment - Sustainable development of Lakshadweep islands - Preparation of integrated Island Management Plant (IIMP) - Difficulty faced by U.T.administration due to lack of expertise - Court directed constitution of committed of experts..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Dismissal of suit for no, prosecution - Restoration application - Condonation of delay - On 20.09.1999, Civil Court in absence of plaintiff as well as his advocate, dismissed suit for non prosecution - From 20.09.1999 the original plaintiff did not do anything till he passed away on 09.06.2004..........
