Civil Procedure Code, 1908, Order 23, Rule 1(4)(b) -- Withdrawal of suit - Without liberty to file fresh suit on same cause of action - Subsequent suit on same cause of action on which earlier suit was dismissed - Not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Documents which were sought to be produced at appellate stage were mainly public documents - Authenticity and genuineness of said documents was not in dispute - Suit for perpetual injunction is on assertion of settled possession - Hence, these documents..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Sale deed executed without objections being called for and considered - Contravenes the provision of O.21.R.34 CPC - Impugned order set aside - Executing Court directed to consider the objections of JD to draft sale deed - In case sale deed which has been executed on the strength..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Draft of sale deed in terms of decree delivered to Court - Objections thereto - Mere fact that contention of JD that decree itself is inexecutable was found meritless, would not absolve Court of its duty to proceed with the matter of considering draft sale deed and objections..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Civil dispute sought to be given the colour of a criminal wrong doing - Execution of a sale deed, during pendency of suit, may attract doctrine of lis pendens, but from reading charge sheet, it is evident that there is no element of criminality which is..........
Civil Procedure Code, 1908, Order 20, Rule 10 -- Decree for recovery of gold ornaments - Family Court in view of O.20.R.10 CPC, ought to have granted a decree for recovery of gold ornaments and also in alternative, a decree for market value of gold, in case delivery cannot be had...........
Civil Procedure Code, 1908, Order 20, Rule 10 -- Decree for recovery of gold ornaments - When decree is for return of value of gold as on the date of payment, it shall not carry any interest...........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for recovery of gold ornaments - Wherever a decree has been passed allowing the petitioner, alternative relief of value of gold ornaments as on date of purchase, date of petition, or the date of decree, as the case may be with interest for delayed payment unless it is set aside or modified in an appeal or..........
Civil Procedure Code, 1908, Order 20, Rule 10 -- Decree for recovery of gold ornaments - Family Court Found that husband was entrusted with gold ornaments of wife - However, Family Court failed to grant a decree for return of gold ornaments in specie, but granted a decree for alternative relief alone that too by awarding value of gold as on the date of its purchase, which..........
