Civil procedure Code, 1908, Order 15, Rule 1, Civil procedure Code, 1908, Order 20 -- Parties when not at issue on any question of law and facts, court can pronounce judgment at once - Procedure U.O.20 need not to be followed in such a case...........
Criminal Procedure Code, 1973, Section 125 -- Cruelty - Husband undergoing vasectomy operation prior to marriage and this fact suppressed at the time of marriage - Wife deprived to bear children - Amounts to cruelty - Husband obtaining ex parte decree for restitution of conjugal rights - Not a bar to claim maintenance by wife u/s 125 Cr.P.C. as cruelty on which maintenance..........
Civil Procedure Code, 1908, Section 10 -- It is not necessary that relief claimed in both the suits should be identical - If the decision in one suit has telling effect on the later suit, it can be said that the matter in issue in both the suits is directly and substantially the same...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non framing of issues - Parties alive to the controversy and led evidence and parties not prejudiced in any manner by non framing of the issue - Held, non framing of issue has lost importance...........
Civil procedure Code, 1908, Section 65, Order 21, Rule 92, 95, Limitation Act, 1963, Article 134 -- Auction Sale - Becomes absolute upon its confirmation under rule 92 - Title vests in auction purchaser from date of sale after its confirmation - For purpose of limitation for filing application for delivery of possession of property sold, date of confirmation is not the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Courts have inherent jurisdiction to issue temporary injunction in circumstances which are not covered by the provisions of Order 39 of the Code, if the Court is of the opinion that the interest of justice require the issuance of such interim injunction...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for injunction - Title in issue for purpose of granting injunction - Issue directly and substantially arises in that suit between the parties - Decree in injunction suit would operate as res judicata when the same issue is put in issue in a later suit based on title...........
Civil Procedure Code, 1908, Order 14, Rule 3, 4 -- Court is competent to frame an issue from the documents produced though a pleading is not raised either in the plaint or in the written statement...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Omission to frame an issue - If Court so finds then to meet the ends of justice that omission can be rectified at any stage...........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Exparte judgment - Previously framing of issues in suit - Recording of finding with reasons upon each separate issue or recording of conclusion that finding upon any of it is sufficient, necessary...........
