Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Suit alleged to be barred U.O.23.R.3-A CPC - Civil suit challenging compromise decree passed by Revenue Court - Separate suit challenging a compromise decree is not maintainable and is barred by U.O.23.R.3-A CPC - Question of legality or validity of a..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Decree for specific performance - Delivery of possession - Plea regarding mortgage - Rights of mortgagee if any remain protected in accordance with law and such plea cannot be used by JD to resist delivery of possession to DH - Moreover, no objection relating to pendency of a revenue suit, interim injunction..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175, 225 -- Investigation - Investigation u/s 225 BNSS is merely an extension of Magistrate's inquiry and not a substitute for police investigation u/s 175 BNSS - It is exploratory and ancillary in nature and may be conducted not only by a police officer but also by any other person such as a revenue, tax or administrative..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Banking service - Merely because a fixed deposit receipt earns interest does not mean that banking service availed is for a commercial purpose - However, if deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of trustees - Land in question has been recorded in the name of Trust since 1969 and names of trustees have been continuously reflected in revenue records - Thus, existence of trust and its trustees was a matter of public record - Despite this, plaintiff instituted suit in 2019 without impleading trustees -..........
Revenue entries -- Mere recording of land in suit as private land in General Land Register (GLR) does not in any manner benefit the party's claim of ownership...........
Revenue record -- Khasra girdawari entries though not conclusive proof of title, carry significant evidentiary value regarding possession, particularly when they exhibit continuity over a long period - Sudden change in such entries unsupported by cogent material or lawful process, cannot by itself be treated as proof of actual change of possession...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Appearance of presiding officer in a public gathering of handing over of land by revenue officials which figures respondent no.3 cannot be a ground for transfer - Application dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court while deciding an application U.O.39.Rr.1, 2 CPC, may take into account revenue records and or material of criminal proceedings only for limited purpose of forming a prima facie view, without allowing such material to influence or prejudge final adjudication of civil rights, which must await a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding application U.O.39.Rr.1, 2 CPC, Civil Court can very well place reliance upon affidavit so also material placed before it which may also include documents pertaining to criminal investigation/case or documents pertaining to revenue records or orders passed by revenue Courts regarding..........
