Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction in pursuance of eviction order - Appeal against order of eviction filed in the year 2018 not decided - Eviction of petitioner from premises in question stayed till final disposal of appeal filed by petitioner...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Impleadment of L.R's - Suit itself stood abated by operation of law - LR's sought impleadment in appeal filed against dismissal of temporary injunction application in said suit - When main suit itself is no longer survived owing to operation of law, an interlocutory order passed therein automatically..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where no question of law or not even a mixed question of law and fact was urged before executing Court or first appellate Court, second appeal cannot be entertained merely because first appellate Court wrongly interpreted procedure provided U.O.21.R.97 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - Points of determination not specifically framed - In absence of any such point of determination specifically framed and answered by Appellate Court, judgment would be taken as to be apparently suffering from vices of non-compliance of O.41.R.31 CPC - Judgment of first appellate Court set..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Objections - Landlord obtained a lawful decree of possession and recovery of possession - Mere pendency of appeal filed by tenant against dismissal of his suit of permanent injunction filed against landlord, would not be impediment to proceed with execution of eviction decree - Landlord has not taken..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction over common land - Till date no demarcation whatsoever has taken place in the property in question - Ad interim injunction rightly granted and appeal thereagainst was rightly rejected...........
Civil Procedure Code, 1908, Section 35, Order 7, Rule 14(3) -- Costs - Application U.O.7.R.14(3) CPC allowed and document directed to be taken on record on payment of cost of Rs.1,000/- - Cost was accepted by defendant - Imposition of costs only compensatory in nature to tide delay in proceedings - Acceptance of costs by defendant would not amount to waiver of right to..........
Civil Procedure Code, 1908, Section 80, 100 -- Notice u/s 80 CPC - Second appeal - Question of non-compliance of S.80 CPC was not specifically addressed, as same was formulated and decided as a preliminary issue and concurrently upheld by Appellate Court also - Said question of non-compliance of S.80 CPC would not arise to be decided by way of a substantial question of law..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
