Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Suit for possession - Details to be included - These are only Illustrative and not exhaustive : (a) who is or are the owner or owners of the property; (b) title of the property; (c) who is in possession of the title documents; (d) identity of the claimant or claimants to possession; (e) the date of entry into..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction - Safeguards - (i) Safe and better course is to give a short notice on injunction application and pass an appropriate order after hearing both the sides; (ii) in case of grave urgency, if it becomes imperative to grant an ex parte ad interim injunction, it should be granted for a specified period and (a) Court..........
Limitation Act, 1963, Article 136 -- Decree - Execution - By a separate suit decree challenged to be result of fraud - Suit remained pending for 21 years - At no point of time, there was any order of any Court directing stay of operation of judgment and decree - Held, In the absence of any interdiction from any Court, the decree holder was entitled to execute the decree -..........
Limitation Act, 1963, Article 136 -- Execution of decree - Limitation - Time once starts to run cannot be arrested when separate suit challenging the decree is filed or when an appeal is filed, in the absence of stay of operation of judgment and decree...........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition suit - Subsoil rights - Partition sought on the ground that demised property is joint family property of 1st respondent's father and appellant - Plaint schedule does not deal with subsoil rights of various items of landed property included therein - Held, it is well settled in law that subsoil rights do..........
Rent and Eviction -- Bona fide need - Eviction order passed - Appellate Court confirmed the eviction order - In an appeal in High Court tenant made a statement that he shall surrender the entire first floor of the suit premises - High Court remanded the matter to trail Court for considering as to whether it would be possible to divide the ground floor into two parts..........
Indian Penal Code, 1860, Section 420, 415 -- Cheating - Criminal and Civil proceedings - Remedies available to a party deprived of his property by way of cheating - Held, party can maintain civil suit for recovery of property and criminal action for act of cheating etc. - Monetary consideration cannot be claimed in criminal proceedings - For that relief remedy would be..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - Can be challenged in civil Court - O.23.R.3-A CPC does not bar the institution of a suit before the civil court in regard to decrees or orders passed in suit and/or proceedings under different statutes before a Court, tribunal or authority of..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged to be fraudulent, inoperative and not binding - Can be challenged before the same Court that recorded the compromise and a fresh suit for setting aside compromise decree is barred - Compromise decree based on a fraudulent compromise falls under O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 37, Rule 3(5), Contract Act, 1872, Section 139 -- Summary suit - Leave to defend - Suit against borrower and guarantors - Guarantors seeking permission to defend suit - Leave to defend can be granted if a triable issue is made out - A triable issue is not made out on the basis of S.139 of Contract Act - Liability of guarantor is equal to..........
