Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife has to be taken into consideration than that of inconvenience of husband...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Cases are clubbed and consolidated in order to avoid multiplicity of recording evidence etc. as also adjudication in isolation of one lis which may have bearing on the other lis...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff had themselves raised construction over part of suit property and were also cultivating portions of suit property - Therefore, they could not restrain defendant from raising construction or putting a wire around the suit property in her possession - Suit property has been..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Legal test for purposes of rejection of plaint and for adjudication of interim relief can be culled out as follows : (i) S.12-A of Commercial Courts Act mandatorily requires pre-institution mediation for commercial suits, non-compliance of which..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Subject matter of suit is continuing infringement to intellectual property - In actions alleging continuing infringement of intellectual property rights, urgency must be assessed in the context of ongoing injury..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - For impleading a person as a party U.O.1.R.10 CPC two conditions must be satisfied: (i) that there must be a right to some relief against such person in respect of controversies involved in proceedings; and (ii) that no effective decree can be passed in the absence of such person...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of nullity of a rapat entry and correction of revenue records - Applicant has placed on record certain documents such as mutation and Jamabandi showing transfer of suit land from State Government to one `J' and thereafter to himself - He has also referred to several rounds of..........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 9 -- Transfer of petition for custody of child - Jurisdiction of Court - Both the parties are residing at place `M' - No purpose would be served for both the parties to travel to place at `B' to prosecute custody petition - Custody petition and divorce petition transferred to District and..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - When there are multiple issues and if burden of proving some of issues is on defendant in such a case O.18.R.3 CPC gives an option to plaintiffs either to produce evidence on those issues or to reserve it by way of answer to evidence produced by other party - When plaintiff exercises such option, he can..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - When there are several issue in a case in respect to issue where burden is on defendant to prove, plaintiff can exercise the option as provided U.O.18.R.1 CPC - However, in respect to other issues right to lead evidence is always on plaintiff...........
