Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Translated version of document, marked exhibit in trial Court, sought to be produced in appellate Court - It is not additional evidence - Translated version can be filed before Court at any time - Document to be taken on record without any demur by Court...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 7, West Bengal Premises Tenancy Act, 1997, Section 7(3) -- Dismissal of application for local inspection - Second application - Res-judicata - Virtually on identical points first prayer of local inspection is rejected, hence, principle of res judicata will apply on second application - Moreover, Court has no hesitation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O -- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any exceptional circumstances nor..........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act in High Court - As it is imperative to come to a definite conclusion before punishing concerned respondent as to whether he indeed willfully..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of injunction - Court who has granted injunction or made an order may order the property of person guilty of such disobedience or breach to be attached and may also order such person to be detained in civil imprisonment for a term not exceeding three months unless Court in the meantime directs its..........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act filed in High Court - Held, contempt petition in High Court is not maintainable in view of alternative remedy available U.O.39.R.2-A CPC who has the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought by tenant pertains to maintainability of eviction petition in view of bar u/s 14(6) of H.P Urban Rent Control Act - However, very same question was earlier raised by tenant by filing application U.O.7.R.11 CPC before Rent Controller - However, same application though allowed..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- When Appellate Court agrees with views of trial Court on evidence, it need not restate effect of evidence or reiterate reasons given by trial Court - Expression of general agreement with reasons given by trial Court will ordinarily suffice - However, when first Appellate Court reverses findings of trial Court, it must record..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Is only to be framed in a regular second appeal against a judgment of First Appellate Court and not in execution second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - Provision of O.41.R.33 CPC applies only when first appeal is filed against main judgment and decree - In execution proceedings said provision is confined only to scope of execution proceedings - There is nothing in O.41.R.33 CPC which empowers Appellate Court in execution proceedings to set aside a final judgment and..........
