Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petitioner sought to invoke summary jurisdiction of Court U.O.12.R.6 CPC by relying upon certain statements purportedly made by plaintiff in independent criminal proceedings before a criminal Court relating to dishonour of cheques - However, statements relied upon by petitioner do not qualify as clear,..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objections - Decree of permanent prohibitory injunction - Satisfaction recorded in one execution petition would not result in dismissal of a further execution petition filed on the ground of subsequent interference caused - Decree of permanent injunction operates perpetually against judgment debtors, their assignees..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent injunction - First Appellate Court thoroughly examined all aspects and decreed the suit by reversing the finding of trial Court simply because point for consideration is not properly framed, it cannot be said that total judgment of First Appellate Court is perverse -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Once suit for permanent injunction was decreed, defendants had been restrained from interfering in the possession of plaintiffs, operation of judgment decree rightly not stayed - However, once first appeal was under consideration of Court, proper way to deal with the matter was to pass an order directing..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - JDs willfully violating the judgment and decree passed in favour of DH - Order of civil imprisonment and attachment of property of JDs is proper - However, one of JD being an aged lady exempted from being sent to civil imprisonment...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for declaration and permanent injunction - Plaintiff filed the suit on basis of earlier judgment and decree of 1982 in which title of plaintiff was declared - Non-filing of execution proceedings qua said decree of 1982, defendants do not ipso facto become owners of suit property and same does not debar..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent prohibitory injunction - Contention that Lower appellate Court has committed a manifest illegality in considering third case not pleaded by parties - However, lower appellate Court has taken into consideration oral evidence as well as circumstances in order to find out..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property declared as plaintiffs Courtyard by Trial Court after carefully analyzing boundaries shown in two sale deeds - Lower Appellate Court reversed the findings of trial Court and has rendered opinion bereft of reference to documentary evidence, which trial Court..........
Mandatory injunction -- Merely because relief of mandatory injunction has not been granted, would not entitle Estate office to refuse to update entry in accordance with judgment unless specifically prohibited by law...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff failed to make out a prima facie case for grant of interim injunction - Resultantly, no prima facie case is made out by plaintiff for grant of attachment of suit property under provisions of O.38.R.5 CPC - Moreover, application filed by plaintiff is bereft of any details as to how relief..........
