Practice and Procedure -- Civil and criminal proceedings - Documents relating to Criminal Courts are not admissible in civil trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wakf property - Suit for injunction - Jurisdiction of Tribunal under Wakf Act - Suit property neither specified in `list of auqaf' as published in Chapter II nor registered under Chapter V of Wakf Act - Decision as to whether property is a waqf property or not cannot be decided by Tribunal since property..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Rival litigant an Advocate - Not a ground for transfer of case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - llegations about influence of litigant-advocate is not sufficient, more particularly when litigation is pending between parties since long and they were represented by counsel from local bar...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Applicant filing an application seeking transfer has to pin point the circumstances under which he gathers impression that justice will not be done - He is not required to demonstrate that justice will inevitably fail...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment allowed subject to cost - Cost accepted - Party cannot thereafter approach Court on another day and state that he is not inclined to receive the costs and seek permission to file an appeal against the order...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - When larger or wider relief is claimed and Court finds entitlement to a lesser relief then Court can grant such lesser relief - However, Court cannot grant a larger or wider relief to suitor than that claimed by him...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Registry cannot make inroads into areas within exclusive domain of judiciary and seek clarification as to why a particular party has been joined as a respondent...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Application u/s 47 CPC was filed when execution proceeding was concluded - Application dismissed being not maintainable...........
