Civil Procedure Code, 1908, Section 91 -- Public nuisance - Suit for declaration and mandatory injunction - Leave to institute suit - Suit initially filed without seeking leave of Court - But an application to this effect was made by plaintiff during pendency of suit and after allowing the same, suit instituted on the date when same is granted - No infirmity in approach of..........
Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 21, Rule 89, 90, 91 -- Appeal - Maintainability - If application is filed before Executing Court U.O.21.Rr.89, 90, 91 CPC and such application is disallowed, then appeal will lie U.O.43.R.1(j) CPC...........
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..........
Criminal Procedure Code, 1973, Section 91 -- Handing over document alleged to be forged and fabricated in possession of Court to police officer for investigation - Permissibility - Although u/s 91 Cr.P.C. police cannot ask accused to produce document in his possession but police during investigation can request Court to handover document which is in its possession for..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92 -- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92..........
Civil Procedure Code, 1908, Section 91(1)(b) -- Public nuisance - Suit for declaration and injunction - Leave to institute suit - While granting leave to institution suit as per provision of S.91(1)(b) CPC Court is required to record its reasons for granting such leave...........
Civil Procedure Code, 1908, Section 91(1)(b) -- Public nuisance - Suit for declaration and injunction - Leave to institute suit - Court is required to satisfy itself prima facie that the cause sought to be agitated by the public spirited persons is genuine - The genuineness of the cause at this stage is required to be assessed by preliminary examination of facts averred in..........
Civil Procedure Code, 1908, Section 91, 151, Order 7, Rule 11 -- Rejection of plaint - Wrongful act affecting public by allotment of a plot to defendant - Plaintiff not claiming redressal of any injury or infringement of any of his personal legal right - Leave of Court for redressal of alleged public wrong as mandated by S.91 CPC not sought - Leave of Court also not sought..........
Civil Procedure Code, 1908, Section 91(1), (2) -- Public street - S.91(1) CPC confer an additional right and locus standi on two or more persons to file suit relating to public street with leave of Court - It does not bar the right of any person to file suit independently of this provision...........
Civil Procedure Code, 1908, Section 91(2) -- Public street - Encroachment - Plaintiff in view of the sale deed executed in his favour by defendant No.1 making provision for the disputed street has independent personal right to file suit to seek protection of disputed street from encroachment by defendants - Consequently, suit cannot be said to be barred by S.91 CPC...........
