Civil Procedure Code, 1908, Section 115 -- after amendment by Act 46 of 1999 w.e.f. 1.7.2002 - Revision petition admitted before amendment - Has to be decided as per altered mode of amended provisions since Section 6 General Clauses Act not applicable because no substantive vested right available to a party seeking revision under Section 115 - General Clauses Act, Section..........
Civil Procedure Code, 1908, Section 115 -- Essentially a source of power for High Court to supervise subordinate Courts - Does not in any way confer a right on a litigant aggrieved by any order of subordinate Court to approach High Court for relief - Scope for making a revision under Section 115 not linked with a substantive right - Section 115 a source of power of High..........
Civil Procedure Code, 1908 -- (As amended by Act of 2002) - Order 8 ,R. 1, 1(a) and 10 - Written statement - Filing of - Within 30 days after receipt of summons - The court can extend the time till 90 days but it is not divested of power to fix further time for filing the written statement - Section 148 of the Code empowers the court to enlarge the time...........
Constitution of India, 1950, Article 226 -- Amendment of writ petition - Cannot be allowed at belated stage - Amendment aimed at challenging order of ejectment and penalty passed 10 years back by Assistant Collector under Section 7 Punjab Village Common Lands (Regulation) Act - Remedy of appeal not availed and want to avoid payment of penalty - Cannot be permitted to..........
Civil Procedure Code, 1908, Section 148, 149 -- Appeal, affixing of less court-fee - Court has jurisdiction under Section 148 to allow appellant to make up deficiency in court-fee at any stage and if such prayer allowed and court-fee paid, then such court-fee shall have the effect as if it had been paid in the first instance - Under Section 149 Court has jurisdiction to..........
Civil Procedure Code, 1908, Section 103,100 -- Second appeal - Section 103 of the Code authorises the High Court to determine any issue which is necessary for the disposal of the second appeal provided the evidence on record is sufficient - The two situations are (1) when that issue has not been determined both by the both courts below or by the lower appellate court or..........
Civil Procedure Code, 1908, Section 100(4) -- Second appeal - Non - compliance with Section 100(4) by High Court - Defeating the purpose sought to be achieved by amendment...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 18,22(g),31, Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Civil - Pecuniary jurisdiction - Ex parte decree - Setting aside of - Ex parte decree passed by the civil court for more than Rs.10 lakhs in a suit filed before it by Bank in which claim was for less than 10 lakhs - Application for..........
Consumer Protection Act, 1986, Section 15, Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 340,195 -- Only averment made by the complainant/appellant before the District Forum was that affidavits of the officials of the OP being contrary to the factual position on record - No application moved by complainant seeking initiation of the inquiry under..........
Specific Relief Act, 1963, Section 16(c) -- Readiness and willingness to perform contract - Mandatorily required in terms of Section 16(c) - Incumbent upon plaintiff both to aver and prove that he had all along been ready and willing to perform essential terms of contract required to be performed by him - Forms 47 and 48 of Appendix A Civil Procedure Code prescribe the..........
