Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Permission of Court is mandatory - However, a suit need not comply with the requirement of O.1.R.8 when a member of a community brings a suit to assert his right in the community property or for protecting such property by seeking removal of encroachments from there...........
Criminal Procedure Code, 1973, Section 102, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Seizure of property during investigation - Not mandatory to produce property before Magistrate - Provision of S.102 Cr.P.C. is directory and not mandatory...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 102, 457, 452 -- Seizure of Bank Account and FDR's during investigation - Police has power to seize property which includes Bank Account and FDR's - Accused can seek the release of seized property u/s 457 Cr.P.C...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Time for filing written statement starts when defendant is served in suit even though in same suit other defendant or defendants have not been served - Defendant, who is served cannot claim extension of time for filing written statement only on ground that other defendant or defendants have not been served...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of plaintiff found to have committed forgery as well as perjury - Not entitled to discretionary relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mother-in-law executed GPA in favour of Son-in-law - Son-in-law as GPA sold property to his sons - Suit for injunction by mother-in-law - Application under order 39 rules 1 & 2 for ad-interim injunction restraining defendants from interfering in possession - Defendant to prove actual physical possession handed over to them..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Licencee cannot seek injunction against owner, who is deemed to be in legal possession of property...........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Wrong description of name of tenant - Does not vitiate the entire proceedings when revision petition is filed in the correct name though titled in the wrong name - Written statement was filed by tenant and appeal before Appellate Authority was filed by the tenant - Held, merely describing the name of a tenant incorrectly does..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4, Limitation Act, 1963, Section 21(1) -- Suit against dead person - Bonafide Mistake - Suit for declaration - Correction of error - Process serving agency reported death of one of the defendant - Application under O22 R 4 read with O1 R10 impleading LR's of deceased..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Court in exercise of its inherent jurisdiction can grant temporary injunction in circumstances which are not covered under O.39 of the Code in exceptional circumstances...........
