Civil Procedure Code, 1908, Section 151, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of subsequent purchaser - Merely because the transfer during pendency of suit is hit by principle of lis pendens incorporated u/s 52 of T.P.Act that cannot operate as bar for court to exercise power U.O.1.R.10(2) CPC to permit subsequent purchaser for..........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Investigation - Order directing investigation is an interlocutory order and remedy of revision against such an order is barred u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 190(1)(c), 482 -- Additional offences - Cognizance of - Powers of Magistrate - Charge-sheet submitted by police after investigation - Cognizance taken by Magistrate - During pendency of proceedings, application u/s.190(1)(c) Cr.P.C. filed by prosecution to take cognizance of additional offences along with previous ones of which..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from alienating the suit land in any manner during pendency of suit - Plaintiffs are bona fide allottees of plots by the gram panchayat, in lieu of government scheme, being poor persons and members of scheduled caste community - Defendants were never declared..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of additional issues - Petitioners-plaintiffs instituted suit for declaration with consequential relief of permanent injunction - Application for framing of additional issues with regard to validity, genuineness of impugned Wills filed when case was listed for rebuttal evidence and arguments - Real controversy..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - If defendant is permitted to alienate disputed property then it will give rise to multiplicity of suits, which is not legally permissible - Order of status quo, upheld...........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings - Rejection of - Validity - Plaintiff filed suit for decree of declaration to effect that impugned power of attorney, agreement to sell, letter of possession and receipt etc. are illegal and contrary to law and not binding on his rights - Defendant contested suit filed written statement but did not file any..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Service of summons - Petitioner No.1 not found at spot and his father refused to accept summons on behalf of his son - Held, when petitioner No.1 was not found at spot, Court should have made another effort to effect service on petitioner No.1 so that lis between parties was decided..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(vi), 7(c) - - Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiff not party to the registered sale deed - If plaintiff is not executant of sale deed he is not required to pay ad valorem court fee - Order dismissing application - Calls for no interference...........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Execution of a sale deed in excess of one's authority does not per se amount to creation of a false document within the meaning of S.464 IPC - If what is executed is not a false document, there is no forgery - If there is no forgery, then prosecution for..........
