Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court may at any stage of proceedings allow amendment of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought clarificatory in nature and does not make out a new case or insert any new relief - Question of limitation thus, not arise - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed, declaration of ownership, permanent injunction and mesne profits - Said reliefs cannot be within the domain of a Rent Tribunal - Issues involved could be decided only by a Civil Court - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order granting maintenance passed without complying the directions of SC in Rajnesh Vs. Neha case - Non-compliance of such directions does not render the order granting maintenance vitiated under law - Purpose of filing affidavit of disclosure of assets and liabilities is to clarify stand of parties in..........
Indian Penal Code, 1860, Section 420, 406, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations are criminal breach of trust, cheating, forgery and conspiracy - It cannot be said issue is purely civil in nature - Facts may have flair of both civil and criminal acts - Where both civil and criminal acts are found,..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against distant relatives of husband - No allegations of harassment made against petitioners - Parties never shared a residence and her parents approached petitioners for resolution of issues - It does not appear that petitioners were..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - It is obligatory upon a party to demonstrate before Court as to how said party is necessary and proper party for adjudication of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner sought his impleadment on the basis that property in question is a waqf property - However, he is unable to demonstrate before Court relevant documents that property in question, where construction is likely to be raised, is a waqf property - Petitioner/applicant cannot be said to be a..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Expeditious disposal of application U.O.39.Rr.1, 2 CPC - Even if proceedings in a suit are stayed supplemental proceedings which would include decision on injunction application could be carried out - Trial Court erred in rejecting the application filed by petitioner seeking early disposal of application for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Plaintiff can approach Appellate Court during pendency of application for grant of ad interim stay...........
