Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of defendant that previous written statement cannot be seen by Court once amended written statement has been permitted to be filed - Held, not tenable as previous written statement filed does not get wiped of the record after amendment has been allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell - Oral - Oral agreement to sell in between two companies - Oral agreement entered into by two juristic persons is not valid - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Application U.O.7.R.11 CPC - Can be filed at any stage even at the stage of arguments...........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgment by Executing Court - Defendant No.2 died during pendency of suit and his L.R's were impleaded - While passing the decree this fact was missed - Plea that rectification in the array of parties could not have been ordered by Executing Court and in fact such a rectification could only have been made by the..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Order to take documents on record not to be construed that such documents are admissible in evidence...........
Civil Procedure Code, 1908, Section 10, Maharashtra Co-operative Societies Act, 1960, Section 101, 91 -- Stay of subsequent suit - Petitioners seeking stay of proceedings u/s.101 of the Act till adjudication of dispute u/s.91 of the Act - Co-operative Court adjudicating dispute u/s.91 of the Act and Registrar of Co-operative Societies considering issuance of recovery..........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 36, 34 -- Jurisdiction of Civil Court - Objection against execution of arbitral award - There is no scope for entertaining objection involving execution proceeding particularly in absence of challenge to arbitral award u/S. 34 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Apart from existence of a prima facie case, balance of convenience, irreparable injury, conduct of party seeking equitable relief of injunction is also very essential to be considered...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff seeking temporary injunction in a suit for specific performance has to establish a strong prima facie case on basis of undisputed facts - Conduct of plaintiff is also very relevant consideration for purposes of injunction - Discretion at this stage has to be..........
