Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of witnesses - Eviction suit - Presence of witness is necessary to prove the fact that defendant had sublet the premises - Petitioner is claiming mesne profit and, therefore, in order to prove the prevalent market rate of properties in locality, summons to other witness/Branch Manager is also necessary - Rejection..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be restored - If such an..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is maintainable and so the writ..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Suit for mandatory injunction - Applicant having share in the property in dispute - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 5 -- Refusal to frame additional issue - Revision against - Held, maintainable - (1) Refusal to frame additional issue amounts to `a case decided' for the purposes of maintainability of revision; (ii) It is not an appealable order; (iii) non framing of additional issue necessarily results in failure to exercise..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for partition - Right of partition whether available or not as per law prevailing can only be decided after pleadings are completed and evidence adduced - Order rejecting application, upheld - However, observations while dismissing application that suit schedule property is ancestral property of..........
Criminal Procedure Code, 1973, Section 31 -- Concurrent sentences - Discretion vests in Court to direct that punishment shall run concurrently when accused is convicted at one trial for two or more offences - Order of concurrently running of sentences is not required to be mentioned - If Court does not direct that sentences shall run concurrently then sentences shall run..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment in a suit for injunction - There is no absolute bar on appointment of Commissioner in a suit for injunction particularly when application is filed in order to note down the physical features of suit property...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Mere presumptions or possible apprehensions are not sufficient and only good and sufficient grounds, clearly set out in the order, may justify the transfer - Transfer should not readily be granted for any fancied notion of a litigant - It should be granted to ensure that applicant gets fair and impartial..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of marriage by husband - Wife produces marks sheet of her son in which name of father was of petitioner - In transfer certificate and domicile certificate also name of petitioner was written - Nothing contrary produced by husband which makes his marriage with wife doubtful - Petitioner was living with his..........
