Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 342, 149, 384, 511, 506 -- Anticipatory bail - Offence u/ss 341, 342, 149, 384, 511, 506 IPC - Specific allegations against petitioner that he organizing Dharnas/Demonstrations etc. outside the school premises regarding hike of fee structure - Various other educational institutions have..........
Civil Procedure Code, 1908, Order 39, Rule 1, Trade Marks Act, 1999, Section 29 -- Infringement of Trade Mark - Injunction - Passing off - Evidence led by plaintiffs witnesses duly proved contents of plaint and case set forth by plaintiffs - Even, despite sending letters defendant No.1 failed to appear in the case and rather went on infringing plaintiffs trade mark -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Death of plaintiff during pendency of appeal - Question of substitution of LRs of deceased and abatement of suit/appeal for want of consequential steps has to be decided by that very Court where at the time of death of such party lis was pending...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and permanent injunction on the basis of Will and Codicil - Testator of Will is still alive thus plaintiff has no cause of action to file the suit, as contended by defendant - However, documents in question are created in praesenti - From the averments of document,..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendant was duly served in the suit and inspite of same defendant failed to appear - There were as many as three attempts made to serve defendant - Defendant is not justified in contending that report of postal department can also be forged on the registered..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for mandatory injunction filed by father-i, law against daughter-i, law - Father-i, law proved to be owner of suit property - Daughter-i, law thus, has no right to reside in suit property which is owned by her father-i, law - Suit rightly decreed - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Specific cause of action against defendant already pleaded in the plaint - Amendment will not change nature and character of suit nor the same would introduce a new cause of action - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Words "commencement of trial" used in Proviso to O.6.R.17 CPC must be understood in limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Amendment sought on the ground that more elaborative details of suit property has to be given - Due to error of typist some words have been left out and amendment itself will not change nature of suit - Words sought to be added by way of amendment to describe the property are..........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are..........
