Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Ground taken in review application virtually constitutes an attempt to re-argue the matter which cannot be done in the garb of review...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Powers of review cannot be exercised as an inherent power nor can an appellate power can be exercised in the guise of power of review...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - Injunction action can be initiated even after a certificate is issued under Cinematograph Act, as film which is defamatory or indecent or breaches copyright cannot be allowed to be exhibited only because a certificate has been issued...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - There are no materials disclosed or even pleadings to show even prima facie that plaintiff was a family member or a near relative of `G' on the life of which film was based - Contention of plaintiff is that story of `G' sought to be depicted is untrue, is..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Suit was pending from 2009 and application in question was filed in 2017 - Defendant admitted that documents sought to be brought on record were obtained by him in 2012 itself - No disclosure made by defendant in application as to why documents could not have been brought on record at earlier..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Original patta was produced and proved by plaintiff - Commissioner report is on record which shows that Gali in question for ingress and outgress of plaintiff is left and no objection raised by defendant in regard to such report - Suit rightly decreed - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - Defendant by way of additional evidence sought to produce documents to show that his mother's name was not Ram Kali with whom plaintiff entered into agreement to sell - Khatauni in question sought to be adduced as additional evidence cold not be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of deciding application U.O.7.R.11 CPC, only averments made in the plaint and documents annexed with the plaint are required to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff asserted that when family settlement was not acted upon by defendant he filed suit for partition - Trial Court observed that this can be decided only after parties adduce evidence and dismissed the application - Order upheld...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Right to use electric motor connection - Plaintiff purchased share in land alongwith share in electric motor connection from its previous owners - However, defendant claimed that previous owner had already relinquished their rights in said electric motor connection in her favour - As..........
