Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(k) -- Abatement - Maintainability of appeal - Order refusing to set aside abatement, is appealable U.O.41.R.1(k) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court to examine prima facie case at interlocutory stage - Prima facie, property involved in documents and plaint scheduled cannot be correlated - Court below rightly held that this ambiguity can be decided only after full fledged trial and not at interlocutory stage - No illegality and perversity in..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Demolition of a building - Appellant who was Junior Engineer implemented the order passed by his superior officers - Superior officers under whose supervision contumacious action alleged against appellant was committed have been let off - Appellant is discharged from all the charges,..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Appointment declined - Order is not revisable...........
Civil Procedure Code, 1908, Order 21, Rule 15(2) -- Execution - Joint decree holders - One of the joint decree holders can file execution for and on behalf of himself and other joint decree holders - However, Court has to safeguard interest of non party joint decree holder - Even when execution is filed by joint decree holders and one of the decree holders dies during..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Partition suit - Plaintiff is descendant from one of branches of common ancestor while respondents are alienees of property from members of other branch of same common ancestor - Not a case where there is no cause of action for plaintiff to seek partition - Order rejecting plaint set..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Offence u/s 307 IPC - In order to perceive offence u/s 307 IPC is made out or not, though roving inquiry is forbidden but ex-facie presence of injuries over the head is proved on record - Moreover, weapon used by accused can be clarified in trial - Material on record is..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Stay can be granted on satisfying the explanation of sufficient cause, subject to conditions of satisfying with substantial loss may result to party applied for stay, unless there is stay of execution and made applications for stay without unreasonable delay and has been undertaken by applicant..........
Civil Procedure Code, 1908, Order 47, Rule 1, Constitution of India, 1950, Article 137 -- Review - Financial hardship - Not a ground for review - However, in case of statutory corporation working in public interest is facing financial hardship, judgment and order may be reviewed...........
Civil Procedure Code, 1908, Section 73 -- Rateable distribution - In order to be entitled for rateable distribution, a decree holder must not only show that he has filed an execution petition before assets held by a Court were received but also he must satisfy the Court that he has not obtained satisfaction of decree...........
