Civil Procedure Code, 1908, Section 151, Partition Act, 1893, Section 3 -- Partition suit - Auction sale - Property cannot be beneficially partitioned into six equal shares and even if it is divided, its value would be diminished as per report of Advocate Commissioner - No objections were filed by any of parties regarding report of Advocate Commissioner - Auction of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 401, 397 -- Dishonour of cheque - Revision - If there is non consideration of any relevant materials, which would go to the root of the matter or any fundamental violation of the principle of law, then only power of revision is available...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant can seek temporary injunction against plaintiff particularly when he preferred a counter claim...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendants are in possession of property - Plaintiff miserably failed to make out a prima facie case in his favour and further to prove that he is in possession of the suit property in any manner, actual or constructive - Defendants would be at greater hardship if any injunction is not issued in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is the knowledge of date of hearing and not the knowledge of pendency of suit, which is relevant for the purpose of considering an application U.O.9.R.13 CPC to set aside an ex parte decree...........
Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons on a Corporation - Sending summons to a corporation by post addressed to it at its registered office may be a good mode of service either by itself or preferably by way of an additional mode of service - If serving peon or bailiff is not able to serve summons on the Secretary or Director or any other..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Evidentiary value of documents cannot be seen at the stage of its production...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere production of documents will not amount to the proof of contents thereof...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere production of documents will not prejudice the rights of defendants in any manner, more particularly, when they will get a chance to cross-examine the witnesses produced by plaintiff and will also get a chance to rebut the evidence led by him - Application rightly allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Affidavit in support of application - Bland affidavits without details are not enough to grant relief - If there is a threat to the dispossession/demolition/alienation, threat should be described with reasonable clarity - If there is a right infringed, the manner of infringement should be spelt out..........
