Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is available only when there is a mistake or an error apparent on face of record - Reargument of the case on merits is not permissible in the grab of review petition - Review petition dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Once maintenance pendente lite is granted and paid to wife, she cannot move transfer application on the ground of distance and financial stress - Application dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Proceedings at the verge of final hearing - Transfer application is liable to be dismissed...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Prima facie case is in favour of plaintiff - Balance of convenience and irreparable loss also lie in favour of plaintiff - Interim relief of temporary injunction restraining defendants, their agents, servants and all other persons claiming through or under them,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of four cheques towards advance rent - Premises vacated - One cheque presented for recovery of damages caused to the property - Civil Court decree was passed against complainant and a finding was recorded that no damage was caused to building - Respondent successfully rebutted the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment application filed without assigning any reason as to why plaintiffs could not have raised the matter before commencement of trial - Moreover, fact regarding possession of defendants over suit land was pleaded by defendants from very beginning of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Death of defendant No.1 during pendency of second appeal - Entire allegation about attempt being made to interfere with possession and enjoyment of suit property has been made against defendant No.1 in his individual capacity - Allegation that was made by plaintiff should confine..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No specific averments in complaint with regard to cheating - Even, there are no specific proof in support of said allegations made in complaint - Allegations made in complaint are bald and baseless - Complainant also filed a civil suit for recovery of amount and..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Merely stating that there is an error apparent on the face of record is not sufficient - It must be demonstrated that in fact there was an error apparent on face of record...........
