Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In absence of a specific plea, no amount of evidence can be let in...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 1(4), 3(3) -- Repeal of act - Proceedings initiated under the Act would not come to an end without the final conclusion and determination...........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Condonation of delay - Order dismissing application to condone delay in filing application to set aside exparte decree - Only appeal lies...........
Limitation Act, 1963, Article 1 -- Mutual account - Involving reciprocal demands requires transactions on each side creating independent obligations on the other...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Hindu Law - Joint Family Property - Alienation by manager - Manager entitled to make alienation for family necessity or for benefit of estate - Sale by manager is voidable and not void - Alienee entitled to possession unless sale is avoided by appropriate action by other coparcener - Remedy of other coparcener aggrieved by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by Bank for recovery of more than Rs.80 Lakhs - Restraining defendants from transferring or alienating mortgaged and hypothecated property - Held, balance of convenience is in favour of plaintiff as plaintiff will be put to irreparable loss if defendant is allowed to dispose of, transfer or..........
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Representative suit - Provision of notice is mandatory and must be substantially fulfilled before a decree can be allowed to stand or passed under it - Notice not issued to all persons interested in the suit - Subsequent orders having been passed upon agreement and compromise..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police help - Court is not precluded from issuing direction to police for enforcement of order of temporary injunction at the instance of party apprehending disobedience of that order - Held, remedy provided under Rule 2(a) of O.39 is not exhaustive and Court can pass appropriate..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to lead evidence - Shifts to defendant when defendant admits the main allegations made by the plaintiff. (Evidence Act, 1872, S.102) '..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not party to proceedings u/s 145 Cr.P.C. but dispossessed by reason of order under that Section - Order in said proceeding not binding on plaintiff - Plaintiff can espouse and establish his cause in suit despite order u/s 145 Cr.P.C. - Injunction can be granted when suit property is..........
