Back
SATISHCHANDRA
Vishwanath Lohia – Appellant
Versus
The Allahabad Bank – Respondent
"There is a written statement but defendant has also preferred his counter claim. There is no court-fee on the counter claim. Hence the counter claim is rejected. Let it be treated as written statement only."
2. Aggrieved, the defendant has come to this Court in revision. O.VIII, R.6-A permits a defendant to plead counter claim against the claim of the plaintiff. Sub-rule (2) provides that such counter claim shall have the same effect as a cross suit so as to enable the Court to pronounce a final judgement in the same suit, both on the original claim and on the counter claim. Under sub-r.(3), the plaintiff is entitled to file a written statement to the counter claim. Order XXXIII R.1 of the Civil P.C. provides that any suit may be instituted by an indigent person. Since in view of Rule 6-A(2) a counter claim has been given the same effect as a cross suit, the legal position is that when the defendant file
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
