Protection of Women From Domestic Violence Act, 2005, Section 12, 13 -- Domestic violence - Directions issued to Magistrates in the States of Punjab and Haryana i.e (i) in case of petition u/s 12 of the Act, all the respondents may not be mechanically issued notice u/s 13 of the Act - Notice at the first instance may not be issued to distant relatives - Magistrate is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant no.1 as party - Injunction suit - Matter pertains to forest department - Control of forests vested in State Government and not defendant i.e Municipal Corporation at the time of filing of suit in the year 2018 - Plaintiff therefore, cannot be impleaded defendant as a party only because at some..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of deceased plaintiff - Suit for eviction jointly filed by plaintiffs - Deceased died during pendency of suit - Application for deletion of name of plaintiff filed before lower appellate Court - Appeal still survives even after death of plaintiff - Name of deceased plaintiff therefore may be deleted from..........
Consumer Protection Act, 1986, Section 23 -- Deletion of respondent No.2 from array of parties - Allotment of flats to allottees of real estate project - Material on record does not show that respondent No.2 is unconnected with project or impleaded as a party to proceeding without any reason or basis - Issue as to whether and if so, what relief can be ultimately granted in..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Deletion of name of original proprietor from array of parties - Eviction petition - Proprietorship concern - Proprietorship has no independent existence and tenancy in favour of a proprietorship concern is to be construed as tenancy in favour of its..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant No.2 as party - Defendant No.2 has interest in property - He is a necessary party whose presence is required for disposal of suit - Merely on the ground that no relief is being sought against defendant No.2, his name cannot be deleted, as power of Court U.O.1.R.10 CPC is much wider than merely to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant - Suit for recovery of damages for defamation - Suit proceeded not against publishers of news but against persons who are prosecuting plaintiff for offence complained - Information which defendant/I.O has supplied to newspaper is not beyond contents of FIR or is contrary to investigation carried..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Striking out parties - Defendant No.7 filed the application for deletion of another defendants from array of parties - Plaint contain averments suggesting a concerted action, or conspiracy between various defendants - Court cannot in the absence of full trial comment on the strength or weakness of those averments nor it can..........
Consumer Protection Act, 1986, Section 17(2) -- Territorial jurisdiction - Cause of action - Complainant in his evidence had clearly asserted that he went to the office of -'B-' OP No. 5, first to collect the commercial invoice and subsequently to submit the same but after its verification he was advised by respondent/OP No. 5 to go to Mumbai - The State Commission has..........
