Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - No injunction can be granted against other co-sharers unless and until plaintiffs are proved to be in exclusive possession of suit property to ouster of other co-sharers - Ouster has to be pleaded and should depict as per prima facie material on record - Only remedy available is to file..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Bald assertion made by husband that he was no longer in employment - It was not disclosed by husband when exactly and in what circumstances he had ceased to remain in employment, nor did he file any counter affidavit in support of his contention to rebut wife's affidavit - Fact that husband was not in..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19 -- Counter Claim - Civil suit and counter claim were disposed of vide composite judgment and decree - Appellant challenged decree passed in favour of respondent and dismissal of counter claim - There is no requirement to file separate appeal to challenge counter claim which was in..........
Insolvency and Bankruptcy Code, 2016, Section 7, 9, Limitation Act, 1963, Article 137 - - Limitation Act is applicable to applications filed u/ss 7 & 9 of the Code - It is article 137 of Limitation Act which gets attracted - Limitation to file application is three years from the date of issuance of recovery certificate, as default in the case is not continuing -..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Appointment of new Advocate Commissioner and to scrap report of Advocate Commissioner already appointed - Warrant was issued not once but twice to same Advocate Commissioner and pursuant thereto he submitted reports - Defendant did not file an application before trial Court to scrap the report - Trial Court relied upon the..........
Civil Procedure Code, 1908, Order 22, Rule 4(1) -- Scope - U.O.22.R.4(1) CPC two situations are contemplated (i) where one of two or more defendants dies and right to sue does not survive against surviving defendants or defendant alone; (ii) a sole defendant or sole surviving defendant dies and right to sue survives - In both these situations Court on application made in..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Withdrawal of bail application filed in High Court - Accused can subsequently file bail application before Sessions Court - There is no law that his subsequent bail application lies only before High Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by company - Company not impleaded as a party - Complainant an illiterate lady and rustic villager - Liberty granted to file application u/s 14 Limitation Act seeking exclusion of period during which he was prosecuting complaint against accused alone while filing a fresh complaint, if so advised..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents in question are certified copies and statements recorded in a different proceedings - Said documents can be helpful in deciding controversy - If plaintiff is permitted to file certain documents at belated stage, no prejudice can be caused to defendants - Application rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 10, 11(2), 11(3) -- Execution - Application for execution to ensure compliance of three things : (a) Written application must be duly signed and verified by applicant or any person, who is acquainted with the facts of the case, to the satisfaction of the Court; (b) application must contain the details, which are specified in..........
