Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order passed against third party purchasers through joint owners - When acts of joint co-owner along with other defendants/purchasers and depriving rights of plaintiff as co-owner having joint possession of property, suit for..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Common intention - Role assigned to accused is merely that he caught and hold deceased to detain him during incident - Act of accused was deemed to have been committed by all accused in furtherance of common intention to murder deceased and he shall be deemed to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Law as to grant of ad interim injunction : Joint ownership and absence of consent of co-owner(s) is definitely a relevant fact to be considered for granting stay in suit filed by a co-owner but it cannot be a straitjacket formula to grant stay in each and every case - Moreover,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 377.8 gms heroin - Commercial quantity was recovered from beneath a courtyard within the house of petitioner - All family members residing in said house have been made accused in the case - House belonged to co-accused/father of petitioner..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate one property after passing of preliminary decree in partition suit - Said property was purchased by petitioner from defendant no.1, thus it is joint family property and liable for partition - Since defendant no.1 used to manage all properties, plaintiff only came to know..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Applicant sought his impleadment claiming to be joint tenant of property being son of original tenant - However, application filed after about 10 years from date of filing suit, is only to delay the disposal of suit - Moreover, applicant is neither in possession of suit property nor..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Joint decree against five defendants - Second appeal jointly filed by all the five defendants - Death of appellant Nos.2 & 5 during pendency of second appeal - Initially appeal was stated to have abated against appellant Nos.2 and 5 but later on abatement order against appellant No.5 was recalled as his..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Physical possession of plaintiff appears to be in dispute - Court should not pass an order of temporary injunction as it would impinge upon possession of co-owners unless there is convincing and cogent materials shown by such litigant evincing the physical possession in the joint..........
