Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting temporary injunction to plaintiffs in respect of an area beyond the land allotted to plaintiff is a perverse order - Appellant Court rightly set aside order of trial Court granting temporary injunction...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC does not apply to filing documents before appellate Court while challenging validity of an order of temporary injunction...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Case has reached its final stage - Transfer of case to another Court at this stage is highly unjustified and improper - Grievance of wife could be adequately addressed by appointing a Commissioner for recording evidence - Moreover, in mediated settlement agreement, wife had expressly agreed to fully..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Non-party to proceedings if he perceives to be in position of a person aggrieved and satisfies Court as such, can seek review of an order passed therein...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon an invalid exercise..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Provision of O.11.R.21 CPC confines its applicability within the four corners i.e., failure of a party to comply with any order to : (i) answer interrogatories; (ii) make discovery of documents; and (iii) permit inspection of documents - Only in such eventualities question of striking out defence in case of defendants or..........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision U.O.11.R.21(1) CPC - Proceeding cannot be initiated U.O.11.R.21(1) CPC in case of non-compliance of order passed U.O.11.R.14 CPC...........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision of O.11.R.21(1) CPC - Until and unless defendants were in a position to show that there was an order passed U.O.11.R.12 CPC and there was non-compliance thereof, provision of O.11.R.21(1) CPC could not have been invoked by defendants...........
