Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Scope - Power of appellate Court - Even the relief not claimed by defendant has been given in impugned order - Proprietary of - Held, first appellate Court has gone beyond the relief claimed, holding that defendant can do interior work, which included the flooring, tiling,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Northern India Canal and Drainage Act, 1873, Section 30A -- Rejection of plaint - Order shifting land - Jurisdiction of civil Court - Held, in case trial Court arrives at a conclusion that mandatory provisions of statute have not been complied with, then suit of plaintiff would be maintainable - It will be premature at this..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Violation - Proceedings U.O.39.R.2-A - Contempt proceedings - Discretion of Court - Held, it is sole discretion of Court to proceed in contempt - Contempt proceedings are essentially between Court and contemnor - All that petitioner can do is to bring to the notice of Court of breach of any order of..........
Civil Procedure Code, 1908, Order 39, Civil Procedure Code, 1908, Order 43 -- Interim injunction - Demolition of illegal construction - Order by corporation - Injunction sought by flat buyers - Trial Court declined to grant injunction on analysis of evidence and pleading that building in question was constructed in violation of sanctioned plan and flat buyers have no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Plaintiff seeking protection of his possession and restraining creation of third party rights - Part of land already acquired - Plaintiff not able to justify as to how a suit for specific performance in respect of land which has already been acquired could be filed -..........
Civil Procedure Code, 1908, Section 100A, Order 22, Rule 9 -- Abatement of Suit - Dismissed - Bar to further Appeal - Intra-Court appeal is not maintainable as no further intra-court appeal lies against order passed in first appeal in view of amendment made in CPC - Hence, appeal to Division Bench is barred...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Illegitimate minor daughter - Contention of second party (father of minor child) that he is not the father of minor child - Magistrate took the view that second party is the father of minor child - Revisional Court also examined the evidence on record and, thereafter, recorded the finding that first party (mother..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mandatory injunction against i, laws - Property owned by father-i, law - Right of daughter-i, law to stay there - Held, prima facie daughter-i, law does not have a right to stay in the property owned by father-i, law and cause nuisance to old couple - She can be permitted to retain possession of the room in question by..........
Criminal Procedure Code, 1973, Section 204,397 -- Complaint - Summoning order - Revision against - Held, maintainable...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420,406,161 -- Public servant - Sanction for prosecution - Accused summoned u/ss 420, 406 & 161 IPC - Held, sanction for prosecution for these offence not required - Trial to proceed as per the summoning order...........
