Civil Procedure Code, 1908, Order 39, Rule 3 -- Ad interim injunction - Order to issue notice to the opposite party - Mandate of O.39.R.3 is issuance of notice unless Court records reasons for coming to the conclusion that object of ranting injunction would be defeated - No illegality committed in order to issue notice to the opposite party - Order impugned not..........
Criminal Procedure Code, 1973, Section 190, 200 -- Complaint - Issue of process - Only condition requisite for issue of process is that complaint's deposition must show some sufficient ground for proceeding - Unless Magistrate is satisfied that there is sufficient ground for proceeding with issue of process, he should not pass order of issue of process - Where complainant,..........
Civil Procedure Code, 1908, Section 100A - - LPA against order of single Judge - LPA not maintainable notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by single Judge of a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Amendment sought for incorporating a prayer to declare that conveyance made by defendant in favour of her daughter, who is not a party to suit, is a fraudulent transfer, intended to defeat the creditors - Suit filed by plaintiff is in her personal capacity - It is not a suit either filed..........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence - Non production of witnesses despite grant of three opportunities - Before closing evidence Court should normally pass order of lesser gravity - One effective opportunity granted to plaintiff to produce her entire evidence subject to payment of Rs.5000/- as costs - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought when suit was pending at the stage of final arguments - Suit pending since 2009 - Amendment at such a belated stage, cannot be permitted - Order declining amendment, upheld...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Suit for mandatory injunction - Directing defendants to remove transformer and electric pole installed in the suit property - Pleas sought to be taken by defendant in review application are legal pleas, which require a foundation in the pleadings and the same admittedly did not exist - Moreover, defendant till date..........
Criminal Procedure Code, 1973, Section 147 -- Scope - Executive Magistrate has jurisdiction to decide the dispute of easementary rights to prevent breach of peace in a proceeding u/s 147 Cr.P.C., but for the limited purpose of making order u/s 147(3) Cr.P.C...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Leave U.O.2.R.2(3) - Agreement to sell - Suit for permanent injunction - Right to file separate suit for specific performance reserved - Court allowing application U.O.2.R.2 CPC - Cause of action for both the suits are different - In case of suit for injunction plaintiff is required to make out the existence of prima facie..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Out of four issues burden of proof lies on plaintiff on three issues, which includes the core issue - Directing defendant to begin is contrary to O.18.R.1 CPC and Ss.101 to 104 of Evidence Act - Impugned order of trial Court directing defendant to begin trial, held, not proper...........
