Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Concealment of facts - Not entitled to injunction - One `Kesro' married well before the death of her father and in the suit it was pleaded that she was unmarried at the time of death of her father - Held, it is crystal clear that plaintiff has not approached the Court with clean hands - Plaintiff therefore, not entitled to..........
Contempt of Courts Act, 1971, Section 2(c) -- Criminal contempt - Telegraphic communication to Chief Justice of India by Contemner, an Advocate, to step down alleging that CJI falsifying his date of birth usurped CJI post and threatening to file criminal complaint and in fact filed criminal complaint under Ss.420, 406, 466, 468 and 471 - Suo motu contempt proceedings by..........
Contempt of Courts Act, 1971, Section 2 -- Constitution of India, 1950, Art.145, Rules To Regulate Proceedings For Contempt of The Supreme Court, 1975, R.10 - Contempt proceedings - Appointment of Advocate as Amicus - Held, when Court appoints an advocate as Amicus it is for Court to get assistance in proceedings - Power of Court in making such appointment is plenary and..........
Contempt of Courts Act, 1971, Section 2 -- Criminal contempt - Held, it vivisected into two categories - One is publication of any matter which scandalizes or tends to scandalize authority of any Court etc. - Second is doing of any act whatsoever which scandalizes or tends to scandalize authority of any Court etc. - If an act is not a criminal contempt merely because there..........
Contempt of Courts Act, 1971, Section 2 -- Criminal contempt - Telegraphic communication sent by contemnor contains four biddings - First is command hurled at CJI to step down forthwith from constitutional office - Second is that if command is not obeyed forthwith, CJI would be described as an offender having committed offences of cheating and falsification of records and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Property in exclusive possession of a co-sharer - A co-sharer can use his share himself as also can give it on rent - However, he can only be restrained from alienating the land without partition...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 2(1) -- `Building' & `Part of building' - Meaning - Words `Part of building' do not refer to land on which building is constructed - Appurtenant land which is beneficial for purpose of use of building is part of building - Building would include any additional super-structure in the same premises and appurtenant..........
Criminal Procedure Code, 1973, Section 173, 2(d), Railways Property (Unlawful Possession) Act, 1966, Section 8 -- Offence under the Act - Complaint - Held, initiation of inquiry for an offence inquired into under the Act can be only on basis of a complaint by an officer of Force - Merely because inquiry was held by a member of Force having some similar powers as are..........
Civil Procedure Code, 1908, Section 2(2) -- Appeal - Time barred - Dismissal - Does not amount to a decree...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Preliminary issue - Partnership firm - Suit for dissolution of partnership firm and rendition of accounts - In such a suit there is no liquidated claim of specific amount - A formal Court fee of Rs.20/- affixed is sufficient subject to payment of ad valorem court..........
