Civil Procedure Code, 1908, Section 151, Order 18, Rule 2 -- (As in P&H) - Additional evidence - Application moved at the stage when parties had closed their evidence and case was fixed for arguments - Order allowing additional evidence upheld...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 2 -- (As in P&H) - Additional evidence - Court itself felt necessity of adducing additional evidence as it would be helpful in bringing on record a clear picture - Held, once such an opinion is expressed by Court then additional evidence can be traced to O.18.R.2 (as in P&H) - Order allowing additional evidence,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Normally order of status quo should not be passed as it is either misinterpreted unknowingly or it may be interpreted wrongly and deliberately to create dispute - Court should avoid to pass an order which may lead to dispute on spot and parties should not be left to settle their score on the property..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Joint property - Construction of - Temporary injunction - Restraining transfer/alienation of joint property - Grant of - Property in question was purchased by members of joint family - Purchasers mutated their names separately in Municipality - Prima facie property would be presumed to be separately owned by parties -..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non framing of issues - Parties conscious of the lis pending between them and both parties leading evidence for and against the respective contentions - Non framing of issues cannot be invoked to set aside the impugned order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Normally Supreme Court is reluctant to interfere with the interim orders passed U.O.39.Rr.1 & 2 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Courts should be slow in interfering at interim stage with schemes which are based on costing...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Self financing scheme - Escalation in price - In a self financing scheme, pricing is generally based on cost of construction unlike sale of houses after they are completed, in which cases pricing is generally market related - In the instant case estimated cost of a showroom and departmental store..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xviii), 15 -- Poppy husk - Percentage of contents of psychotropic substance - Need not to be given in the case of poppy straw...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction restraining Financial Corporation from taking possession - Default in payment of instalments of balance sale consideration - Possession taken back by Financial Corporation - Plaintiff has thus no prima facie case - Plaintiff claiming possession on basis of unregistered agreement and simultaneously want to take..........
