Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Substitution of LRs - Legal Representative brought on record in an appeal filed against order refusing to grant temporary injunction - Such impleadment will enure towards the proceedings in the suit itself...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Distinction between suit filed u/s 92 CPC and O.1.R.8 CPC - Prior permission of Court is mandatory for a suit to be instituted u/s 92 CPC and in a suit U.O.1.R.8 CPC leave can be granted post institution of suit - Suit u/s 92 CPC can only be maintained where it relates to public charitable and religious trust and..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Maintainability - Suit filed by plaintiff seeking relief of permanent injunction restricting defendants from managerial capacity of property and also restraining them from selling property in question as well as for transferring the entire managerial work and right for maintaining and taking care of deity..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Proceedings u/s 14 of the Act - Powers of District Magistrate - Proceedings u/s 14 of SARFAESI Act is not akin to a suit since no adjudication is permitted by District Magistrate - But principle laid down that when two of legal representatives of deceased..........
Civil Procedure Code, 1908, Order 1, Rule 8, Explanation -- Representative suit - To establish sameness of interest, it is not necessary to establish sameness of cause of action...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent and mandatory injunction in representative capacity for causing public nuisance - Applicant is son of plaintiff no.2 - He is sharing common interest and title with his father in suit property - Applicant is thus, necessary and proper party to suit - Applicant rightly impleaded as..........
Civil Procedure Code, 1908, Order 29, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 15 -- Suit by company - Plaint was signed and verified by authorized representative of Company - Board's resolution was there on record - Compliance as mandated U.O.6.R.15 r/w O.29.R.1 CPC is clearly made out...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Suit for eviction - Proposed amendments are only clarificatory in nature so as to obviate rejection of petition on ground that landlord has not disclosed the facts - Moreover, for the fault of office bearers/representative landlord should not be..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Cloned copy of contents of memory card/pen-drive handing over to one accused - There are eight named accused in the case - Once relief is granted to one accused, other accused would follow same suit - In that event, cloned copies of contents of memory card/pen-drive would be freely..........
