Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for eviction of trespassers - Applicant claimed to be tenant of the shop - Neither a necessary nor a proper party for adjudication of lis between the plaintiff and trespassers - Order allowing impleadment, set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 23 -- Execution of sale deed in violation of order of injunction - Such sale deed is unlawful having no legal sanctity...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368, 354 -- Murder - Death sentence - Circumstantial evidence - Accused committed murder of 5 persons and sentenced to death by trial Court - High Court commuted sentence to life imprisonment with direction that accused shall not be released from prison unless he serves 20 years of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In order to operate as res judicata, the finding must be such, that it disposes of a matter that is directly and substantially in issue in the former suit, and that the said issue must have been heard and finally decided by the court trying such suit - A matter which is collaterally or incidentally in issue for the..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Can be exercised when fraud is played upon the Court or where an order has been passed by mistake of the Court - Court by exercise of inherent powers can rectify the mistake, either by recalling the said order, or by passing any other appropriate order...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Scope - (i) An application U.O.9.R.13 CPC cannot be filed by a person who was not initially a party to the proceedings; (ii) Inherent powers u/s 151 CPC can be exercised by the Court to redress only such a grievance, for which no remedy is provided for under the CPC; (iii) In the event that an order has been..........
Guardians and Wards Act, 1890, Section 7, 10, 12, Civil Procedure Code, 1908, Section 11 -- Minor - Change of guardian - Res judicata - Principle of res judicata is not applicable to the proceedings for custody of child - Order of custody of child is temporary in nature - Appointment of guardian of one person and custody of child given at one set of circumstances may no..........
Civil Procedure Code, 1908, Section 151, Order 40, Rule 1 -- Appointment of receiver - Validity - Appellant/lessee filed suit for injunction against his forcible dispossession by respondent/lessor from his hotel - Hotel leased out for a period of 5 years - No addition or alteration was to be done without written consent of respondent but appellant made renovation and no..........
Criminal Procedure Code, 1973, Section 156(3) -- Order u/s 156(3) Cr.P.C. is revisable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Husband seeking restraint order against wife from obstructing his entry and exit into the premises - Husband gifted away the property to wife - After execution of the gift deed plaintiff lived in the house only in his capacity as husband of defendant - Parties having strained relations - None of the..........
