Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Service -- Once services of employees are regularised, ad-hoc or stop-gap nature of appointment does not survive...........
Service -- Seniority - Seniority granted to ad-hoc employees upon regularisation with effect from date they were appointed on an ad-hoc basis especially when ad-hoc appointment had continued without any interruption till their regularization...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Expeditious disposal of application U.O.39.Rr.1, 2 CPC - Even if proceedings in a suit are stayed supplemental proceedings which would include decision on injunction application could be carried out - Trial Court erred in rejecting the application filed by petitioner seeking early disposal of application for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Plaintiff can approach Appellate Court during pendency of application for grant of ad interim stay...........
Civil Procedure Code, 1908, Order 39, Rule 11(2), (As -(As applicable in State of Maharashtra) - Defence struck off on ground of breach of injunction by defendant - Restoration of defence - Violation of ad interim injunction - Defendant executed sale deed in violation of ad interim injunction order - Said sale deed is not cancelled - Defendant received part consideration..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has jurisdiction to pass an ex parte interim order - However, it does not empower to grant ad interim relief, without examining the parties and formulating the substantial question of law involved in the second appeal as it is contrary to S.100 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons initially issued to defendant were received back unserved and plaintiffs were directed to file fresh correct addresses of defendant - Thereafter notices were sent at new address, which were received back unserved - AD receipts were also not received back and thereafter publication was..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is illegal, null and void - Petitioner though sought suit for declaration but in fact he is seeking cancellation of sale deed to which petitioner is a party along with other co-sharers - Petitioner is thus, required to pay ad valorem Court fee on the consideration stated in the..........
