Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Merely because appeal against decree sought to be executed is pending is no ground to stay its execution - Objections rejected - Warrants of possession and notice U.O.21.R.37 CPC was rightly ordered to be served upon JD...........
Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Wife has a girl child who is just 2 years old - She is living with her parents - Transfer petition filed by wife allowed - However, as and when, husband makes a request, on account of his occupation to appear through video conferencing, he shall be accommodated by transferee Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiffs are admittedly co-sharers - Their possession is also established from revenue record and earlier litigation between predecessors of parties - Partition proceedings are going on - Till then plaintiffs have certainly a right to retain possession of suit land - Ad interim injunction rightly..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit instituted at place `P' for temporary reliefs - Right reserved to institute suit for substantial reliefs at place `B' at a later point of time - A litigant cannot be allowed to use one Court for the purpose of temporary reliefs and another Court for permanent reliefs - Plaintiffs were questioning..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of transferee purchaser and amendment of plaint - Suit for specific performance - Suit land was firstly transferred by vendors to defendant `H' and during pendency of suit defendant `H' further transferred the same to third party - Though third party to agreement to..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for return of gold ornaments or its value - When Court directed to pay its present value in case ornaments are not returned, it only means that value at the time when failure to return gold ornaments occurs...........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Decree for return of gold ornaments or its value - Court is obliged to state in such a decree to pay value of gold ornaments in money terms as an alternative relief - If value is not quantified, direction shall be to pay value at the time of making payment - If value of gold ornaments is quantified and amount is stated in..........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Inter State transfer - S.25 CPC applies to inter State transfer of a suit, appeal or other proceeding where both the States have a High Court in terms of Art.214 of Constitution and not to a transfer where both States have a common High Court u/art 231 of Constitution...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Inter State transfer - Power u/s 24 CPC can be exercised by High Court even for inter State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States u/art 231 of Constitution and both the Civil Courts (transferor and transferee) are subordinate to it...........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
