Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from printing, marketing, distributing, reproducing, publishing or making alterations of book - Plaintiffs have been able to make out a prima facie case as there are serious questions to be tried in the suit - Balance of convenience lies in favour of defendants in the suit as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from printing, marketing, distributing, reproducing, publishing or making alterations of book - Plaintiffs have been able to make out a prima facie case as there are serious questions to be tried in the suit - Balance of convenience lies in favour of defendants in the suit as..........
Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Framing of issues - It is not necessary that in each and every case, irrespective of merits of objections, Executing Court is required to frame issues - After evaluating the objections and reply filed by parties, Court is required to form an opinion as to whether any triable issue is involved in..........
Civil Procedure Code, 1908, Order 26, Rule 10(3) -- Report of Advocate Commissioner - Challenge as to - Commissioner's report can be scrapped only after recording of entire evidence and demonstrating that commissioner's report is flaw - Suit is at the stage of cross-examination of PW1 - Petitioner ought not to have approached Court at the premature stage when Court below..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought after commencement of trial - Non pleading that inspite of due diligence amendment sought could not be pleaded before commencement of trial - Order allowing amendment, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiffs by way of amendment not building up some new case contradictory to case made in the plaint by them or they are retracting from any admission - No allegation that plaintiffs were not diligent at the time of filing of suit and despite the pretty good knowledge of all the facts sought to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere filing of civil suit for recovery is not a bar for initiation of proceedings u/s 138 of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem Court fee - Plaint rejected as plaintiff failed to deposit ad valorem Court fee despite granting two opportunities - However, considering nature of litigation, it is in the interest of justice that case is decided on merits and therefore, impugned order set aside subject to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Plea of family settlement - There is no adjudication by any Court of competent jurisdiction i.e Civil Court on the aspect that petitioners have any right in property in question - In summary proceedings, it is pleadings of parties and document of..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
