Civil Procedure Code, 1908, Section 115, 141, Order 22 -- Provisions of O.22 are not applicable to revision proceedings - Legal representatives of a deceased party in revision proceedings can be impleaded by invoking section 151 of the Code...........
Civil Procedure Code, 1908, Section 115 -- After insertion of provisos (a) & (b) of sub-section (1) of S.115 defendant revisionist is not required to establish merely jurisdictional error as contemplated under sub-section (1)(a), (b) and (c) of S.115 CPC but he is further required to establish that the conditions contemplated under provisos (a) and (b) of sub-section (1)..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed for default - Restoration - Court has power to restore it under Section 151 if sufficient cause for absence is shown...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage - Proof -Once fact of marriage is proved there is presumption of lawful marriage - Such a presumption alone is good enough to entitle the wife to maintain an application for maintenance under Section 125 Cr.P.C...........
Limitation Act, 1963, Section 12(2), Article 136, Civil Procedure Code, 1908, Order 21, Rule 11 -- Provisions of Section 12(2) Limitation Act is not applicable to execution proceedings - Decree holder is not entitled to exclude time required for obtaining certified copy while computing period of limitation for filing execution petition...........
Civil Procedure Code, 1908, Section 10 -- Facts stated in the affidavit in support of application an the same not denied as such it is not necessary that written statement should have been filed before an application under Section 10 CPC is filed - It is not necessary that copy of plaint should be produced...........
Civil Procedure Code, 1908, Section 9 -- Section 9 of CPC vests power in the civil court to try all suits of a civil nature except suits of which cognizance is either expressly or impliedly barred...........
Civil Procedure Code, 1908, Section 100 -- Section appeal - High Court not justified in reappraising evidence stating that concurrent finding of Courts below was perverse...........
Civil Procedure Code, 1908, Section 80, Order 27, Rule 5-A -- Suit for damages or other relief against a public officer - Govt. is to be joined as a party to the suit - Notice is to be served under Section 80 CPC - Notice served on officers of the government and not on State Govt. - Exclusion of notice period cannot be claimed - Waiver or silence or acquiescence does not..........
Civil Procedure Code, 1908, Section 115 -- Revision - Preconditions for interference - After amendment in S.115 of the Code, for interference with an order in exercise of revisional jurisdiction, three conditions must be fulfilled; firstly, that the case comes within any of the three clauses of sub-section (1) of S.115 of the Code; secondly, that against the order..........
