Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief not founded on the pleadings should not be granted - A decision of a case cannot be based on grounds outside the pleadings of the parties...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for partition - Impleadment sought on the basis of Will executed in favour of applicant - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - Delay of 10 days in filing list of witnesses by plaintiff - Delay neither deliberate nor mala fide but delay was on account of illness of plaintiff - No prejudice by such delay caused to plaintiff - List of plaintiff's witnesses already on record and partly acted upon - Delay condoned - Application..........
Prevention of Corruption Act, 1988, Section 13(1)(d), Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Preliminary enquiry - Accused was already facing investigation in respect of offence punishable u/s.13(1)(d) of Act of 1988 - Registration of FIR in instant case is product of and founded on investigation in earlier case - Held, it was thus redundant to..........
Civil Procedure Code, 1908, Order 23, Rule 1(1), Civil Procedure Code, 1908, Order 3, Rule 4(1) -- Suit for specific performance - Withdrawal of suit by pleader without instructions of plaintiff - Pleader interested in suit property being karta of family in as much as sale deed was executed in favour of son of pleader - Held, withdrawal of suit by pleader cannot be said to..........
Criminal Procedure Code, 1973, Section 9(6), 11(1) -- Place of sitting of Judicial Magistrate - Held, State Government may after consultation with High Court notify place of sitting of Judicial Magistrates - Sessions Judge cannot shift place of sitting of Judicial Magistrate - Administrative order passed by Sessions Judge shifting place of trial from Civil Court to jail..........
Civil Procedure Code, 1908, Order 15, Rule 2(1) -- Decree against some of the defendants - Code of Civil Procedure nowhere provides that decree against some of defendants cannot be passed - However, O.15.R.2 CPC provides that decree can be passed against defendant who has not filed written statement or who remains absent or who is not at issue with plaintiff on any..........
Civil Procedure Code, 1908, Order 15, Rule 1, 2 -- Suit for specific performance - Some of the defendants not at issue with plaintiff - Defendant sought decree against all the defendants - Relief of specific performance claimed is indivisible - Held, partial decree of specific performance cannot be granted against those defendants who are not at issue with the plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Failure to prove prima facie case to go for trial - Injunction cannot be granted even if balance of convenience is in his favour or that he will suffer irreparable loss and injury, if no injunction is granted...........
Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Admission of fact by defendant - Additional fact alleged by defendant not admitted by plaintiff - It is only upon those additional facts that issues are to be framed and evidence has to be led - Held, it is defendant who has right to begin his evidence...........
