Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Additional evidence admitted without proof by appellate Court - Lower Appellate Court thus, failed to follow the procedure contemplated U.O.41.R.28 CPC while admitting additional evidence - Court failed to give opportunity to appellant to contest admissibility and relevancy of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order of status quo cannot be passed when no prima facie case is made out by plaintiff - However, any action/step taken by defendant in respect of suit property will be subject to the outcome of suit pending before trial Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - So long as interim order of status quo remains in operation and is not specifically vacated or varied or modified, it is bounden duty of trial Court to ensure that its order is implemented in letter and spirit and if need be, police agency can be called upon to do so...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - Till Court takes a decision with regard to maintainability of suit or with regard to sustainability of order of status quo, parties shall abide by interim order of status quo and SHO shall ensure that none of the parties violates the order of status quo...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - While deciding such application, Court touching upon merits of suit - Trial Court exceeded its jurisdiction, rather exercised jurisdiction not vested in it by touching upon merits of suit while deciding application seeking implementation of its order - Impugned order set aside...........
Civil Procedure Code, 1908, Section 60 -- Execution - Salary - Only 1/3rd of salary can be attached - Order attaching entire salary, held, illegal and unwarranted in law and same set aside to that extent...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Application decided at a stage prior to consideration of appeal on merits - Satisfaction that proposed additional evidence was required for deciding appeal in a satisfactory manner by Appellate Court not manifested in impugned order of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in appeal - Suit for cancellation of sale deed and permanent injunction - Application for impleadment rejected on the ground that plaintiff sought impleadment on the basis of sale deed which stands cancelled by Trial Court - However, said reasoning is incorrect, as sale deed is not cancelled so far -..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Sale deed executed despite stay order on account of a material lapse on part of Ahlmad who furnished an incorrect report to the effect that there is no stay of judgment and decree in question - JD/defendant cannot be blamed for such incorrect information - Sale deed in..........
Criminal Procedure Code, 1973, Section 438, Unlawful Activities (Prevention) Act, 1967, Section 43D(4) -- Anticipatory bail - Bar contained in S.43-D(4) of Unlawful Activities Act - Application u/s 438 Cr.P.C is not maintainable in view of bar contained in S.43-D(4) of Unlawful Activities Act - However, protection has been enjoyed by petitioners approximately 1-1/2 years..........
