Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought clarificatory in nature and does not make out a new case or insert any new relief - Question of limitation thus, not arise - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed, declaration of ownership, permanent injunction and mesne profits - Said reliefs cannot be within the domain of a Rent Tribunal - Issues involved could be decided only by a Civil Court - Application rightly rejected...........
Indian Penal Code, 1860, Section 420, 406, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations are criminal breach of trust, cheating, forgery and conspiracy - It cannot be said issue is purely civil in nature - Facts may have flair of both civil and criminal acts - Where both civil and criminal acts are found,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - It is obligatory upon a party to demonstrate before Court as to how said party is necessary and proper party for adjudication of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner sought his impleadment on the basis that property in question is a waqf property - However, he is unable to demonstrate before Court relevant documents that property in question, where construction is likely to be raised, is a waqf property - Petitioner/applicant cannot be said to be a..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Validity - Question of validity of adoption deed does not arise when there is a decree of civil Court...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Expeditious disposal of application U.O.39.Rr.1, 2 CPC - Even if proceedings in a suit are stayed supplemental proceedings which would include decision on injunction application could be carried out - Trial Court erred in rejecting the application filed by petitioner seeking early disposal of application for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Plaintiff can approach Appellate Court during pendency of application for grant of ad interim stay...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 506 -- Quashing of proceedings - Offence u/ss 448, 506 IPC - Long standing civil dispute between parties - Respondent No.2 is in the habit of filing false cases against appellants and his family members - Allegations in the FIR are totally absurd - When respondent No.2 has not filed any suit,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property transferred by mother in favour of her son - Son contended that house in question was purchased by him from his own sources in the name of his mother - Civil suit was already filed by son claiming ownership of house in question - However, in case son is..........
