Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary parties are those persons in whose absence no decree can be passed - Proper parties are those persons whose presence before the Court would be necessary in order to enable the Court to decide and adjudicate the lis in an effective manner - Persons strangers to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Two tests are to be satisfied: (i) there must be a right to some relief against plaintiff in respect of suit property; (ii) that in absence of petitioners no effective adjudication can be made by trial Court...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking off name of a party - A person, who has no interest to fight a litigation against another and who proclaims that he has been wrongly impleaded in the case since he has no claim over the subject matter, he should be deleted from array of parties resorting to O.1.R.10(2) CPC since it amounts to misjoinder of parties..........
Criminal Procedure Code, 1973, Section 125(1)(b) - - Maintenance to divorced wife - Divorced wife entitled to maintenance from her ex husband as per S.125(1)(b) Explanation (b) Cr.P.C - Order of granting maintenance to divorced wife held, proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Premises in question belonging to defendant/father - Two consecutive Courts have held that plaintiff/son is not having any right to be protected under order of temporary injunction - Person holding possession for a long time is the general law pertaining to possession, cannot be applied where father..........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Section 47, Order 19, Rule 1 -- Execution - Affidavit - Cross examination of deponent - High Court allowed parties to adduce evidence by affidavits and documents - Necessarily it includes examination of witnesses with relation to documents which are produced - Impugned order declining cross examination of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Temporary injunction cannot be granted unless and until three ingredients, prima facie case, irreparable loss, balance of convenience are established simultaneously...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right claimed as co-sharer - Plea that name of respondents alone is wrongly recorded in the revenue records - Rights claimed by plaintiffs as co-sharers are still to be decided, which is a matter of evidence to be led by parties - Until and unless their right as co-sharers is decided, it cannot be..........
Indian Penal Code, 1860, Section 294, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 294 IPC and S.3(1)(x) of SC/ST - Accused allegedly abused complainant, proved on record - However, expressions used by accused during course of vertical altercation did not refer to caste or tribe that complainant belonged -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - True owner cannot be saddled with temporary injunction in favour of encroacher who has no prima facie case being made out in his favour at the stage of temporary injunction...........
