Civil Procedure Code, 1908, Section 91 -- Scope - Even persons, to whom no special damage has been caused on account of a wrongful act or public nuisance, may institute a suit upon complying with the conditions stipulated in S.91(1) of the Code of Civil Procedure - However, such provision cannot be construed to restrict the right of a person to file a suit in view of a..........
Civil Procedure Code, 1908, Section 91, Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Construction of roof on public street - Obvious consequence thereof would be that flow of natural light and air to the adjoining premises would be diminished - Suit filed by neighbour for mandatory injunction as construction has caused special damage to him, is..........
Civil Procedure Code, 1908, Section 91(1) -- Encroachment of public street - Suit for mandatory/permanent injunction - Causing hardship to plaintiff in ingress and egress to his house situated alongside the street - Special damages caused to plaintiff on account thereof - Held, plaintiff has locus standi to file the suit independently of the provision of S.91 CPC and..........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 34, Rule 7, Transfer of Property Act, 1882, Section 91, 60 -- Suit for redemption of mortgage - Death of mortgagee - Necessary parties - In a suit for redemption of mortgage, all the heirs and legal representatives of the deceased mortgagee are necessary parties - However, in a case where some..........
Civil Procedure Code, 1908, Section 9, Karnataka Land Revenue Act, 1964, Section 91, State Financial Corporations Act, 1951, Section 29 -- Civil Court - Jurisdiction - Not excluded either expressly or impliedly by provisions of Karnataka Land Revenue Act or by State Financial Corporation Act...........
Criminal Procedure Code, 1973, Section 91 -- Forgery of document - FIR lodged - Original document produced in a civil case pending in between the parties - Direction given to handover the original to police so that the original could be sent to FSL for their opinion - Police directed to keep the said document in safe custody and to produce it before Civil or Criminal Court..........
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91, Limitation Act, 1963, Article 127 -- Auction sale - Confirmed without waiting for the period of limitation to expire to file objections - Executing Court cannot take step of confirmation of sale without waiting either till the expiry of 60 days time for filing application to set aside sale or if such application is..........
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91, Limitation Act, 1963, Article 127 -- Auction sale - Confirmed one month before expiry of limitation of 60 days to file objections - Order confirming sale set aside - As regards limitation, left over time of about 29 days would be available to J.D. - As J.D. has paid the amount as required to be deposited..........
Civil Procedure Code, 1908, Section 20, Maharashtra Co-operative Societies Act, 1960, Section 91 -- Summary suit for recovery of dues challenged on various ground - Territorial jurisdiction - Construction of - Investment within jurisdiction of court - Amount also realised in the jurisdiction of court - Corporation having its office in Mumbai - Documents also executed in..........
Civil Procedure Code, 1908, Order 37, Rule 3(5), Maharashtra Co-operative Societies Act, 1960, Section 91, Maharashtra Co-operative Societies Rules, 1961, Rule 77F -- Summary suit for recovery of dues - Leave to defend - Grant of - Investment of Rs.100 crore by way of deposit by bank - Failure on the part of corporation to honour its commitment - Dispute filed by Bank -..........
