Civil Procedure Code, 1908, Section 152, Order 13, Rule 2 -- Compromise decree - Words 'Payment of interest from 19.9.1990 till realisation' omitted in decree while it appeared in the judgment - There was no mention of these words in the statement of J.D. - Amendment/rectification of decree sought - Judgment not conducing to the statement of the parties whereas decree..........
Partition Act, 1893, Section 2, 3 -- Suit for partition - Purchase of share of co-owner - Section 3 of Partition Act comes into play only if application for sale is made u/s 2 by the other party prior to a decree being passed in a suit for partition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Trespasser - Can protect his possession against the entire world except the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - An equitable relief - Plaintiff must come to Court with clean hands - Plaintiff cannot normally be permitted to seek the aid of Court to protect his unlawful possession for seeking injunction against the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Long possession without any right, title, grant, lease - Such possession does not give a right to the person to retain possession against true owner and not entitled to injunction - Plaintiff claiming long possession of land as Gair Marusi, but could not show under what circumstances he got possession as Gair..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Party seeking injunction must have a prima facie case to succeed - Once the possession of the plaintiff over the land in question is established, the balance of convenience will automatically go in his favour and he will suffer an irreparable injury if the injunction is not granted in his favour...........
Prevention of Food Adulteration Act, 1954, Section 20, 16(1A), 2(1)(h) -- Prosecution - Sanction - When report of Public Analyst is superseded by Certificate of Director of Central Food Laboratory, it is not necessary to obtain a fresh consent to continue prosecution which was validly instituted...........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Witness - Summoning by Court - Purpose for which witness is summoned must be revealed - Where objection is raised, bona fides of request has to be proved...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction towards western side of house of plaintiff and directing defendant to remove encroachment raised by him - Plaintiff proved that there was street on western side of his house - Report of Local Commissioner, prima facie, established that defendant..........
Arbitration Act, 1940, Section 2(a) -- Arbitration - Clause in agreement providing that decision of Chief Engineer would be final on specifications, drawings, instructions etc. - Held, this clause in agreement does not indicate that Chief Engineer shall decide any matter arising out of difference or dispute being referred to him by both the parties - The element of..........
