Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea that execution petition was filed beyond period of 12 years - Decree passed in 1993 - Revision petition filed thereagainst decided on 13.12.2001 - There was thus, no inordinate delay in filing of execution petition - Objections rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of trade mark - Trade mark of defendant is visually, phonetically, structurally and deceptively similar to plaintiff's registered trade mark with the similar symbol for which plaintiff has secured trade mark registration certificate and has been using the same since long - Defendant's..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Use of tubewell - Electricity connection in the name of defendant - Both the parties are owners to the extent of equal share and joint cultivation reflected in the revenue record - Held, one of the co-sharers of tubewell cannot deprive right of irrigation to other co-sharer by..........
Civil Procedure Code, 1908, Section 148A -- Caveat - Extension of time to file affidavit in support of caveat - Caveatrix has caveatable interest over property and opportunity should be given to caveatrix to file affidavit in support of her caveat - As regarding allegation that caveatrix has not approached Court with clean hand, executrix will get an opportunity to..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 447, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f), 3(1)(g), 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Property dispute between parties - Property that forms the subject matter of criminal proceedings is also subject of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - A person made party U.O.22.R.4 CPC though is entitled to make any defence but such defence should be appropriate to his character as legal representative of deceased defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substituted defendants - Additional written statement - No averments as to what defence was sought to be raised by defendants - Substituted defendants cannot be allowed to set up a new case under the garb of right vested in them by virtue of provision in O.22.R.4(2) CPC - Predecessor in interest of defendants had already..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vested in favour of a party to get commission issued - Rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel engaged did not appear - No reasonable cause as to why applicant could not be present on the date when Court directed to proceed ex parte was shown/pleaded by applicant - Dismissal of application calls for no interference...........
