Protection of Human Rights Act, 1993, Section 1 -- Human Rights - Violation of - Directions issued viz. (i) Defaulting states shall within a period of six months from the date of this order set up State Human Rights Commissions for their respective territories with or without resort to provisions of S.21(6) of Protection of Human Rights Act; (ii) All vacancies, for the..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Farming of issues - Non filing of written statement - Since pleadings of parties were not at variance on material proposition of fact or law, therefore, there is no necessity of framing of issues...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Eviction suit - Suit brought by karta of joint Hindu family in his representative capacity - Other members of family are not necessary parties to suit - Suit will not fail by reason of non joinder of those members...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Possession of immovable property does not by itself indicate that one has sufficient means to pay Court fee - Benefit of statute is conferred on persons without sufficient means and not without any means at all - Object of O.33.R.1 CPC calls for liberal approach while considering..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Concept of "not possessed of sufficient means" is essentially a negative factor to be established by claimant and hence can only be proved by him by adducing positive evidence of his assets, needs and expenditure and to convince the Court that with the available resources, he is unable to set apart..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Mutation proceedings - A deceased (dead person) cannot be made as party in any proceedings or case - In mutation applications next of kins of deceased should be impleaded as parties as is done in probate proceedings, particularly when mutation is sought on the basis of Will or otherwise...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Remedy of seeking police protection for implementation of temporary injunction, during pendency of suit is available in law...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 2A -- Temporary injunction - Police protection - Party in whose favour order of temporary injunction is granted can approach Court for seeking action U.O.39.R.2-A PC - But that does not mean that one should adopt such remedy and/or has no other remedy - Remedy of seeking police protection for implementation of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Fresh pleadings and evidence which is in variation to original pleadings cannot be taken unless pleadings are incorporated by way of amendment of pleadings...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 33, Rule 1, 5, 7 -- Rejection of plaint - Order allowing to sue as indigent person - Remedy is available to defendant to challenge the order - Order allowing to sue as indigent person cannot be agitated by filing an application U.O.7.R.11 CPC that report obtained from Collector is not correct..........
