Civil Procedure Code, 1908, Order 41, Rule 3 -- A-Appeal when presented after expiry of period of limitation - Unless along with the appeal application filed seeding condonation of delay - Appeal cannot have any existence - Cannot be entertained - Facts have to be alleged as to why delay occurred in filing of appeal - Where no application filed - No ground to entertain..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3 -- A-Application to recall order passed on compromise on allegations of fraud and misrepresentation - Not within purview of Section 151 to examine merit and demerit of rival contentions - Compromise entered into by committing fraud or misrepresentation is a voidable act and not void ab initio - Till these..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 21, Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Act does not provide for grant of interim maintenance pending the final decision of the proceedings yet the Court by virtue of the duty to render fair justice and in exercise of its inherent power under Section 151 CPC has wide discretion to grant..........
Civil Procedure Code, 1908, Section 2(2) -- Compromise/consent decree - Binding on parties as a decree passed after contest - Compromise/consent decree has binding force of res judicata if same not vitiated by fraud, misrepresentation, misunderstanding or mistake - Consent decree or order based on statements of parties recorded in Court - Not required to be registered -..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Re - agitating of issue compromised through counsel - Barred both under Section 11 as also under Section 115 Evidence Act...........
Constitution of India, 1950, Article 226 -- Interim stay - Liability to pay interest for the period when stay obtained till writ petition dismissed - State - authorities cannot be equated with private commercial institutions - Amount of compensation in form of interest - Should not amount to penalty despite the fact that person found to have jeopardised law - Party when..........
Arbitration Act, 1940, Section 20, Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Petition u/s 20 - Application to convert into suit - High Court invoking Section 151 CPC allowing amendment - Not sustainable - No question of invoking Section 151 as it would nullify procedure prescribed under CPC...........
Specific Relief Act, Section 16(c) -- Readiness and willingness - Section 16(c) does not require any specific phraseology - Plaintiff must aver that he has performed or has always been and is willing to perform his part of contract - Compliance of 'readiness and willingness' - Has to be in spirit and substance and not in letter and form - Insistence on a mechanical..........
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 91 -- Suit for injunction restraining defendant from obstructing the use of public street by the plaintiff - It is a suit for enforcement of his individual right, not to remedy a wrong affecting the public as envisaged u/s 91 CPC - Suit for perpetual injunction u/s 38 of Specific Relief Act is not..........
Specific Relief Act, Section 38 -- Suit for perpetual injunction - Not affected by provisions made under Section 91 Civil Procedure Code - Sub - section (2) of Section 91 Civil Procedure Code itself lays down that nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions - Civil Procedure Code,..........
