Commercial Courts Act, 2015, Section 2(1)(c) -- Commercial suit - Whether the suit for recovery of money should be treated as commercial dispute within the meaning of S.2(1)(c) - Matter remanded to High Court to reconsider the said issue...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Partly allowed - Suit allowed to be withdrawn - Liberty to file fresh suit on the same cause of action not granted - Plaintiff is rendered remediless - Impugned order to the extent not granting liberty to file fresh suit set aside - Plaintiff..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Partly allowed - Suit allowed to be withdrawn - Liberty to file fresh suit on the same cause of action not granted - Plaintiff is rendered remediless - Impugned order to the extent not granting liberty to file fresh suit set aside - Plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief which is totally beyond the pleadings cannot be granted...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - When the alleged error for seeking review of judgment cannot be construed to be an error apparent on the face of record and same also does not pertain to any new evidence emerging after passing of judgment nor to evidence, matter cannot be termed to be one falling within purview/ambit of provision of O.47.R.1 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Order returning plaint U.O.7.R.10 CPC is appealable U.O.43.R.1(a) CPC...........
Criminal Procedure Code, 1973, Section 482, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3(1) -- Quashing of FIR - Offence u/s 3(1) of 1986 Act - Accused exonerated in the offences involving ant-social activities as defined u/s 2(b) of 1986 Act - For continuing the prosecution under 1986 Act, accused must be prosecuted for any one or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant restrained from alienating the property or creating any charge on the same and not from using the property - In civil litigation involving property, suit property needs to be protected - Order partly allowing application, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party - Where a person raises a claim over property and where a decree cannot be passed without his presence, he would be necessary party, who is entitled to invoke provision of O.1.R.10 CPC for impleading him in the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint family property - Restraining transfer of property during pendency of suit - Prima facie property is Joint Hindu Family property - Protection of property from transferring to a third party is necessary - Even if plaintiff's suit is decreed, he will suffer irreparable loss and injury in case..........
