Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can not be rejected on ground of subsequent event having taken place...........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to the suit - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies Court that he falls within category of aggrieved person - It is only where a judgment and decree prejudicially affect a person who is not party to the proceedings, can prefer an appeal with leave of..........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to the suit - A stranger not permitted to file appeal - However appeal at the instance of a `person aggrieved' can be filed with leave of Appellate Court - Expression `person aggrieved' does not include a person who suffers from a psychological or an imaginary injury - A person aggrieved must,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Advocate Commissioner can be appointed to note down physical features and also to ascertain encroachment if any...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Measurement of property - It will help Court to take a decision whether any encroachment is made as alleged - In case Advocate Commissioner finds that there is no encroachment then it is petitioner who will get favourable order in the suit and thus no prejudice will be caused to the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife's convenience is paramount consideration which should be taken care of while disposing of application u/s 24 CPC...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of case from Cooch Behar (WB) to Alipore Kolkata - Distance between Kolkata and Cooch Behar is more than 600 kms in one way - It takes 30 hours to reach Cooch Behar from Kolkata by train - Wife is differently abled person having 60% disability of hearing - Husband is man of 52..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Police aid - To implement ex parte ad interim injunction order - Courts not to usually order grant of police aid to implement order of ex parte ad interim injunction order - Since it is not an order on merits after hearing both the parties, Court would be very slow in granting police aid, till possession and rights of..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Custody of vehicle should be given to the person who is recorded as its registered owner and in case another person disputes such ownership he should get his rights determined from civil Court - In case of any claim arising on account of misuse of vehicle released on Supardari it would be the registered..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of pleadings - Sought after commencement of trial - Irrespective of specific objection by opposite party, it is duty of Court to satisfy itself that applicant inspite of due diligence, could not have filed the application at an earlier stage...........
