Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even..........
Civil Procedure Code, 1908, Section 100, Wakf Act, 1995, Section 32(2)(i), 89 -- Second appeal - Suit filed by Muthavalli presenting plaintiffs mosque against the officials of the Wakf Board - Wakf Board in second appeal against the judgment and decree of first appellate court - No pre notice as envisaged under section 89 of the Wakf Act issued by the plaintiff - Only Wakf..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Attachment of property in execution of decree - Pre-sale illegality and post sale illegality - Held, pre-sale illegality in execution is amenable to the remedy under section 47 - Post sale illegality or irregularity causing substantial injury to judgment debtor is covered by Order 21 Rule 90 of the Code...........
Criminal Procedure Code, 1973, Section 164 -- Confession - Statement that does not prescribe to the procedure laid down in Section 164 of the Cr.P.C. is not admissible as a confessional statement - In the instant case statement not recorded by a Judicial Magistrate and procedural requirements not fulfilled including that of a certificate appended by Magistrate - Held, such..........
Consumer Protection Act, 1986, Section 25, 27, Civil Procedure Code, 1908, Section 47 -- Execution proceedings - Application filed by the appellant before District Forum u/s 47 CPC - Held that the provisions of Section 25 and 27 CP Act do not provide for taking recourse to the provisions of Section 47 CPC...........
Civil Procedure Code, 1908, Section 9 -- Suit of civil nature - Jurisdiction of civil court - Held, jurisdiction of civil court to entertain and try a suit of a civil nature, excepting suits of which their cognizance is either expressly or impliedly barred, is guaranteed by Section 9 of the Code of Civil Procedure - A bar of the civil suit could be implied, if a special..........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Scope - Section 89 CPC has to be read with Order 10 Rule 1-A - After the pleadings are complete and after seeking admission/denials wherever required, and before framing issues, the court will have recourse to section 89 of the Code - Such recourse requires the court to consider and record the nature of the..........
Civil Procedure Code, 1908, Section 89(2)(c)(d) -- It is not necessary for the Court, before referring the parties to an ADR process to formulate or re-formulate the terms of a possible settlement - It is sufficient if the Court merely describes the nature of dispute (in a sentence or two) and makes the reference - There is some error in drafting the provisions of (c) &..........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Provisions of Section 89 and Order 10 Rule 1-A CPC are not intended to supersede or modify the provisions of the Arbitration and Conciliation Act, 1996 or the Legal Services Authorities Act, 1987...........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Provision of Section 89 CPC gives the jurisdiction to refer the ADR process and Order 10 Rules 1-A to 1-C lay down the manner in which the said jurisdiction is to be exercised - The scheme is that the Court explains the choices available regarding ADR process to the parties, permits them to opt for a process of..........
