Civil Procedure Code, 1908, Order 41, Rule 1 -- Appointment of receiver - Injunction has already been granted - Appointment of Court receiver may not be correct order considering narrow dispute between parties - It would be appropriate to direct trial Court to determine the suit proceedings as expeditiously as possible - Moreover, there is a title document in respect of..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - To take possession of suit property and manage the same - Trial Court dismissed the application by holding that plaintiff neither choose to adduce any oral evidence nor marked any supportive document - It was argued that respondents were involved in acts of waste and mismanagement and that trial..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Court is competent to confer upon Receiver such powers as it thinks fit...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Receiver appointed to maintain income and expenditure of land owned and possessed by plaintiff Trust - In absence of any powers of management of suit land/properties of plaintiff Trust being conferred upon him, receiver was not competent to lease out land by way of public notice - Application filed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil Court in view of S.85 of Maharashtra Tenancy and Agricultural Lands Act - Civil Court was obliged to see whether appointment of a receiver for administration of Estate of a deceased person would actually fall within mandate of S.88-B(1)(d) of Maharashtra Tenancy and..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Merely because plaintiff filed a suit, who admittedly not in possession and defendants are conducting their business in suit shops cannot seek appointment of receiver so as to deprive defendants of possession of suit properties even before suit for cancellation of lease deed and possession is decreed..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 40, Rule 1 -- Temporary injunction - Appointment of receiver - Commission u/s 142 of Sikh Gurudwara Act has power to pass interim orders as well as to appoint a Receiver...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Applicant could not show irreparable loss that would be caused to him, if receiver is not appointed - Since there is no prima facie case in favour of applicant nor applicant makes out a case that property will be destroyed or there is any element of danger to property and application is filed after 9..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Closure of - Plaintiffs filed the applications U.O.40.R.1 CPC and S.45 of Evidence Act, which was also dismissed - They did not file applications immediately on closure of their evidence or when case for first time was fixed for rebuttal evidence - Even otherwise, plaintiffs failed to make out a case for..........
