Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police aid - Can be granted when there is threat of breach, disobedience or violation of order of injunction/ad interim injunction - Once the order is breached or disobeyed, then party has to take recourse to O.39.R.2-A or U.O.21.R.32 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 8A -- Suit for injunction and damages - Land allotment through Government orders - No Government order or other documents evidencing the so-called title of defendant placed on record - Plaintiffs claim title on the basis of land assignment whereas defendant claim on the basis of Government orders - Held, this is sufficient for the..........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Decree in partition suit - Judgment was written without hearing arguments - Held, it is in clear violation to O.20.R.1 CPC - Impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
Civil Procedure Code, 1908, Order 20, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 1 -- Decree in partition suit - Decree has been passed in favour of person who is not a party to suit - Held, impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the instance of defendant - Court has jurisdiction to grant an interim order of injunction, at the instance of defendant, without a counter claim sought for in the written statement...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary Injunction - Restraining alienation - Order can be communicated by Civil Court to Sub Registrar concerned in exercise of inherent powers...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as party - Rejection of application - Validity - - Construction of maternity center on disputed land - Issues involved in suit relate to claim of opposite party No.1 as lessee over suit land - Petitioners can have no say in such matter - Petitioners though social activists and representative of villagers, they..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary and proper parties - Held, a person is a necessary party if in his absence, no effective decree can be passed - He is a proper party if his presence is necessary for an effectual and complete adjudication...........
Criminal Procedure Code, 1973, Section 228, 397(1), 482 -- Framing of charge - Challenge to - Held, order framing charge is revisable u/s.397(1) Cr.P.C. - Correctness, legality or propriety of order framing charge cannot be challenged in proceedings u/s.482 Cr.P.C...........
Civil Procedure Code, 1908, Order 1, Rule 2, 3 -- Misjoinder of parties - Held, there are two tests, which must be applied to gauge whether a suit instituted against several defendants is justified or not - If relief in respect of a series of transactions indulged by some of defendants is on a basis that they were not entitled to indulge in such transactions, where they..........
