Civil Procedure Code, 1908, Section 11 -- Res judicata - Doctrine of res judicata is attracted not only in separate proceedings but also at subsequent stage of same proceedings...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Binding decision cannot lightly be ignored and even an erroneous decision remains binding on the parties to same litigation and concerning the same issue if rendered by a Court of competent jurisdiction - Such a binding decision cannot be ignored even on the principle of per incuriam because that principle applies to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial dispute - Convenience of wife has to be seen more in matrimonial cases - Request of wife can be declined only if there are weighty reasons behind the same...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Rejection of plaint - Dismissal of application - Civil Misc. Appeal U.O.43.R.1(u) CPC is not maintainable thereagainst...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness - A witness cannot be summoned to let in evidence not supported by pleadings...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of public servant as a witness - Dispute over immovable property - Courts not to ordinarily summon public servants to support the cause of one party unless Court itself is of the opinion that evidence of such public servant is required to adjudicate on the seriously disputed questions arising in the..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Writ petition filed to seek police protection - Cannot be granted without approaching civil court granting the injunction order...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Police protection - Police protection or police aid to enforce an order of injunction is not contemplated under the law...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - In case of disobedience of any injunction granted under Rr.1 and 2 or breach of any of the terms of injunction, the Court granting injunction may order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in the..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........