Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment of a co-parcener as a party to the suit - Held, a coparcener cannot seek impleadment in the suit on the ground that he is a co-parcener - A coparcener has no right to challenge the action of Karta before the completion of sale - Application dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of cheque - Two cases u/s 138 Negotiable Instruments Act prosecuted by two different complainants arising from separate cause of action - Cannot be tried together, only for the reason that the accused is the same...........
Drugs and Cosmetics Act, 1940, Section 18(1)(i), 34, 19(3)(c) -- Chemist and Druggist - Suspension of licence - Failure to take precaution and due diligence as per S.34 of the Act for maintaining the standard of medicines - Notice not revealing as to what was the failure leading to inference of 'lack of due diligence' - No allegation that sales thereof or packing thereof..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Defendant seeking injunction against plaintiff - Suit for injunction restraining defendant from interfering with possession and from demolishing structure - Defendant seeking injunction restraining plaintiff from carrying on with construction as plaintiff's father had executed agreement to sell suit property to defendant -..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Four suits by four different plaintiffs for recovery of money - Cause of action not same - Burden of proof independent on each plaintiff - Question of leading common evidence did not arise - No other relevant circumstance except that defendant in four suits was one - No error in order declining..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Appellate stage - Trial Court recorded findings on issues Nos.2 and 3 that the suit was not instituted by a competent person and the same was not maintainable - The finding clearly indicated a formal defect in the suit and on that account suit was bound to fail - Exercise of its discretion by the first..........
Civil Procedure Code, 1908, Section 151, Order 2, Rule 6 -- Consolidation of suits - When to be ordered - Different parties - Different relief - different cause of action - Not to be ordered to be consolidated - Simultaneous hearing consented - No prejudice likely to be caused - Consolidation not ordered - Proper...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11 -- `Cause of action' - Jurisdiction - Once integral or material part of cause of action accrues within the territorial jurisdiction of a Court, it cannot be said that that Court has no territorial jurisdiction to entertain and decide the suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Defects pointed out as to drafting of plaint, mis-joinder of parties, non-payment of proper Court fees, non valuation of suit property and not claiming proper reliefs - All the defects could have been cured by plaintiff by seeking amendment of plaint - Permission for withdrawal of suit with liberty to..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed by wife of deceased partner claiming her own independent right as legal heir of deceased partner - Second suit by daughter of deceased partner for a declaration that she is entitled to 1/4th share of the deceased's interest in the partnership firm as legal heir and representative she also..........
