Civil Procedure Code, 1908, Section 2(a), 14, Hindu Marriage Act, 1955, Section 19 -- Jurisdiction - Court comes to conclusion that it does not have jurisdiction to decide suit/ petition - Still that Court pronounce judgment on all issues - Said deciding of issues held, erroneous as Court has come to conclusion that it has no territorial jurisdiction to entertain petition...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction..........
Indian Penal Code, 1860, Section 420, 468, 471, 34, Criminal Procedure Code, 1973, Section 482 -- Preparation of forged agreement for sale - If civil remedy is available to an aggrieved person, it does not oust jurisdiction of a criminal Court to proceed with complaint if it prima facie discloses commission of criminal offence by accused - Since prima facie case is made..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of petition - Bonafide need - Plea to demolish and reconstruct allowed to be deleted by way of amendment - Mere fact that landlord intends to demolish the building and wants to start his business after reconstructing the same or that he wants to start business in the old building itself does not..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of fact and law and same cannot not be decided as a preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Court framed issues and proceeded for recording of evidence - Thereafter Court could not have reverted back to decide suit only on the basis of preliminary issues...........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition u/s 9 of Hindu Marriage Act - Wife sought transfer of said petition from Kathua to Jammu, as place where petition is filed by husband is about 80 kms away from her residence - Moreover, wife has two small children and she has no source of income - Wife also has an old mother and that she is suffering from..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte divorce decree - Setting aside - Decree of divorce passed against wife in absence of his counsel - Even notice of appeal was not served to wife - Ex parte divorce decree passed without hearing wife - Ex parte divorce decree set aside...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 447, 427, 511, 506, 148, 149 -- Summoning of additional accused - Offence u/ss 447, 427, 511, 506, 148, 149 IPC - Property dispute - Allegation that complainant forcibly dispossessed from shop in question - However, possession of petitioners over shop in question already declared by civil Court -..........
