Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for claiming prescriptive right over a way - For claiming prescriptive right of easement, servient heritage over which claim is raised should be specifically and separately scheduled in the plaint so as to grant a decree in accordance with mandate U.O.7.R.3 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of copyright - Plaintiff sought temporary injunction against defendants from telecasting or exhibiting their web series by name `Singardaan' - Plaintiff writer and original author of story `Singardaan' which was published much before making defendant's web series - Defendant's work done..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Documents executed during pendency of suit - Plaintiff has to be given an opportunity to amend plaint regarding subsequent documents - Validity of deeds depend on the result of original suit - Amendment will not alter the nature of suit and amendment will not cause prejudice to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 387, 448 -- Quashing of FIR - Offence u/ss 384, 387, 448 IPC - FIR registered to achieve ulterior motive of collateral purpose of eviction for which no recourse to criminal proceedings can be initiated - Even, action of police locking entrance collapsible iron gate of suit premises is also..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Status quo order - Vacation of - Partition suit - Plaintiffs have failed to prove prima facie case of jointness - Whereas, defendants have brought several documents which are indicative of partition between three brothers - There is nothing joint between plaintiff and defendants - Status quo order vacated...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - When an application U.O.23.R.1(3) CPC is filed, Court must either allow or dismissed it in toto - It is not permissible for Court to allow withdrawal of suit but refuse grant of permission...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit for damages - Suit for declaration, permanent and mandatory injunction - Plaintiff neither in application contended that there is a formal defect because of which suit must fail, nor trial Court adverted on said aspect - Requirement U.O.23.R.1(3) CPC for grant of liberty..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside compromise decree is not maintainable - However, compromise decree can be questioned on an application under proviso to Rule 3 of Order 23 CPC before the Court...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge by stranger - Compromise decree cannot be challenged by stranger to proceedings in a separate suit, in view of specific bar U.O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction relating to environment - Jurisdiction of civil Court barred u/s 29 of NGT Act - Once suit was barred by law, civil Court could not have proceeded with suit and at the best parties could have been relegated before NGT, special forum created under NGT Act - Civil Court has..........
