Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Possession with respect to tenanted premises - Tenancy admitted - Since rent is more than Rs.25,000/- as such protection of Rent Act is not available - Monthly tenancy terminated by notice u/s 106 TPA - Service of summons in suit can be taken as notice u/s 106 TPA - Court committed gross illegality in..........
Transfer of Property Act, 1882, Section 106 -- Notice - Service of summons of suit can be taken as notice u/s 106 of Transfer of Property Act, 1882...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit - Written contract - Purchase order is a written contract - Expression `written contract' does not say that it should be signed written contract - It is enough that there is written contract - Impugned order of Court refusing to treat the suit as one U.O.37 CPC set aside - Trial Court directed to issue..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Applicability of O.37 - Only prima facie matter has to be seen qua applicability of O.37 CPC, at the time of issuing summons in prescribed form - In case defendant takes up an issue with respect of maintainability of suit, same will be decided at the stage of deciding application for leave to defend...........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 13, Rule 4 -- Summoning of witness - Exhibiting document without allowing examination of relevant witness - Course adopted by trial court cannot be sustained - Order rejecting application to issue summons set aside with direction to issue summons to defendant's witness in order to testify..........
Civil Procedure Code, 1908, Order 16, Rule 1(1)(2)(3) -- Summons to witnesses - Plaintiff has not supplied the list of witnesses in application nor he gave any reason pointing out necessity of examining said witness - Plaintiff failed to comply with the requirements of O.16.Rr.1(1)(2)(3) CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Partition suit - Final decree - Fresh summons need not to be served after passing the preliminary decree - Passing of preliminary decree does not decide the suit finally - Preparation of final decree is continuation of the same suit - Cause shown for non appearance is false - Order..........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 114, , Section 27 - - Ex parte decree - Setting aside - Presumption of service of summons - Summons were not sent through post as such presumption of service u/s 114 Evidence Act and S.27 General Clauses Act cannot be raised on the basis of endorsement of refusal by process server - Held, in absence..........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 102, 4, 114 - - Ex parte decree - Setting aside - Service of summons - Presumption - Burden lies upon plaintiff to prove the report of process server was correct - On the denial of service by defendant, presumption raised under the Act on the basis of expression `may presume' stood rebutted and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Speedy and expeditious disposal of cases - Directions issued to all Criminal Courts in country dealing with cases u/s 138 of the Act, viz: (1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint u/s 138 of the Act is presented, shall scrutinize the complaint and, if the..........
