Custody of child -- Writ of habeas corpus - Jurisdiction of Court - Act of deprivation of minor's custody and residence, arose at Nasik - Present Court has no territorial jurisdiction to entertain petition as no cause of action or part thereof has arisen within territorial jurisdiction of Court - Writ petition dismissed...........
Custody of child -- Writ of habeas corpus - Jurisdiction of Court - Act of deprivation of minor's custody and residence, arose at Nasik - Present Court has no territorial jurisdiction to entertain petition as no cause of action or part thereof has arisen within territorial jurisdiction of Court - Writ petition dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit before revenue Court - Impleadment sought on the basis of agreement to sell in their favour - Mere execution of agreement to sell does not create any right in favour of respondents - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 55, Order 21, Rule 37, 38 -- Execution - Arrest and detention of JD - DH did not place on record any evidence about existence of property in the name of JD - Executing Court wrongly placed burden on JDs to disprove version of DH - Conclusion arrived by Court below is not in accordance with law - Impugned order directing JD to pay entire..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff has to stand on his own legs by adducing cogent, independent and reliable evidence and he could not invoke the provision of O.26.R.9 CPC to ask Court to collect, garner or generate evidence for him...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to find out as to who is in possession and who has encroached the property in question and to what extent, as said matter is to be decided by Court on the basis of oral and documentary evidence to be adduced by parties - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to find out as to who is in possession and who has encroached the property in question and to what extent, as said matter is to be decided by Court on the basis of oral and documentary evidence to be adduced by parties - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court can suo moto issue a commission in cases where it deemed a local investigation to be requisite or proper for purpose of elucidating any point in dispute which is left doubtful after evidence has been led by parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff has to stand on his own legs by adducing cogent, independent and reliable evidence and he could not invoke the provision of O.26.R.9 CPC to ask Court to collect, garner or generate evidence for him...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court can suo moto issue a commission in cases where it deemed a local investigation to be requisite or proper for purpose of elucidating any point in dispute which is left doubtful after evidence has been led by parties...........
