Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment a party - Order allowing impleadment - Petition u/art 227 of Constitution is maintainable against such order, as remedy of appeal is not available against such order...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police protection - Grant of ad interim injunction restraining defendant from raising construction over suit land in an unscientific manner - Appeal there against pending - Moreover, alternative efficacious statutory remedy U.O.39.R.2-A CPC is available to plaintiff - Order declining..........
Civil Procedure Code, 1908, Section 100, Order 39, Rule 1 -- Second appeal - Interim injunction - It is not open for second appellate Court to interfere with grant of interim discretionary order by Court of first instance, especially after the same was confirmed by lower appellate Court...........
Civil Procedure Code, 1908, Section 151 -- Application for demolition of triple story building constructed by petitioner - Petitioner purchased the suit property after a decree passed in favour of DH - Being transferee pendente lite, petitioner is not entitled to protection of law in view of O.21.R.102 CPC - Moreover, such an issue has to be raised in earlier objection..........
Criminal Procedure Code, 1973, Section 105(C), 105(E) -- Property acquired from criminal activities - Attachment of property - Transaction occurred in a foreign country - However, no request was made by any Court or any competent authority to Central Government requesting for proceeding under the Code - Petitioners purchased the goods in 2010 - Cheques issued in discharge..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Deficient Court fee - Trial Court while rejecting plaint, neither granted time to correct valuation nor granted time to pay Court fee - Impugned order of trial Court set aside - 60 days time granted to plaintiff to correct valuation and pay requisite Court fee...........
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...........
