Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - If Court is satisfied that a suit is filed with mala fide intention and with ulterior motive by incorporating pleadings in the plaint which are false to the knowledge of the..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - Civil proceedings when initiated with mala fides or with ulterior motive - Continuance of which will amount to abuse of process of Court - High Court can quash such a plaint in..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- A person who has obtained an order from a Court, on the basis of pleading of facts which are false to his own knowledge, without making the person who is actually targetted a party to the proceeding..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- To harm another person - Court can suo mote undo the harm...........
Criminal Procedure Code, 1973, Section 482, 319, Indian Penal Code, 1860, Section 498A, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Summoning order has been passed against father-i, law, mother-i, law and husband after recording statement of complainant and witnesses that applicants withheld the articles given to wife at the time..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for damages - Relief of injunction - There is no averment that any attempts are made to dispose off property - Furthermore the suit is only for damages - Held, applicants are not entitled to seek order of injunction for reason that relief of injunction cannot be granted in final decree where suit is for damages only -..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Application for - Defendants/respondents are in established possession - Suit is also not for possession - Held, applicants are not entitled to free access to suit property - Order of attachment cannot also be passed as no ground is made out for exercise of jurisdiction U.O.38.R.5 of the Code...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Plaintiff claiming right on basis of lease deed - Validity of lease deed can only be decided when parties lead evidence - Right of plaintiff to carry business from the disputed land can only be protected on the basis of his possession - No finding with regard to possession of plaintiff recorded -..........
Civil Procedure Code, 1908, Section 151 -- Order obtained by fraud - Setting aside of - Application u/s 151 CPC - Maintainability - Held, an application u/s 151 of CPC can be moved to set-aside an order obtained by fraud practised upon Court or where Court is mislead by a party or Court itself commits a mistake which prejudices a party, who, is not to blame or when a..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Suit for specific performance - Conditional decree of specific performance - Delay of 4 days in deposit - Condonation of delay - Bona fide unintentional delay in depositing the amount - Even otherwise, no evidence has been led in order to prove that plaintiff/respondent had no money on the..........
