Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of Attorney Holder - Can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents or about the facts that may have transpired much before he entered the scene...........
Prevention of Money Laundering Act, 2002, Section 3, 2(1)(y), Indian Penal Code, 1860, Section 120B -- Money laundering - Criminal conspiracy - Offence punishable u/s 120-B IPC could become a scheduled offence only if conspiracy alleged is of committing an offence which is specifically included in the schedule to PMLA - Since, conspiracy alleged is of commission of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Hindu Marriage Act, 1955, Section 13, Hindu Marriage (Punjab) Rules, 1956, Rule 8 -- Impleading of adulterer as a party in a petition for divorce on ground of adultery - Joining of adulterer as a party is mandatory as per Rules framed under Hindu Marriage Act - Moreover, finding of adultery would adversely affect the..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit for joint possession as plaintiff failed to challenge mutation - However, plaintiff is neither executant of mutation nor mutation falls within definition of written instrument executed by her - Moreover, in a suit filed by plaintiff, it is not necessary to formally challenge mutation - Order allowing..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45, Hindu Marriage Act, 1955, Section 9, 13(1)(ia) -- Matrimonial dispute - Medical test of both husband and wife - Wife sought divorce on the ground that marriage between parties not consummated because of impotency of husband - Husband filed application for subjecting himself to undergo potentiality..........
Civil Procedure Code, 1908, Order 40, Rule 1, 2 -- Discharge of receiver - Receiver discharges his duties at the pleasure of Court - If Court discharges receiver, he has to hand over charge forthwith to newly appointed receiver - However, at the time of discharge, receiver is adequately remunerated for work he has done - Outgoing receiver granted leave to apply before..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from parking their vehicles in front of shops occupied by plaintiffs - Shops in question are in possession of plaintiffs and they are operating business activities from these shops - By parking vehicles exactly in front of shops thereby blocking free flow of movement certainly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No injunction can be granted against true owner, only when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession, not to dispossess him except according to procedure of law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Irreparable loss - If the loss likely to be suffered by not granting injunction cannot be compensated in terms of money it is treated as irreparable loss...........
