Civil Procedure Code, 1908, Order 21, Rule 52(1), 54(2), 58, 59, 66, 67, 89, 90 -- Money decree - Property attached and sold - Sales Tax and Purchase Tax due against J.D. - Subsequently State attaching the same property - Whether valid? - Petitioner purchasing property in auction sale in execution of money decree on 16.2.1982 - Sale confirmed on 25.3.1982 - Sale..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 1 -- A written statement of a sharer in a partition suit is deemed as a plaint...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right of passage - Injunction sought restraining defendant from interfering in right of passage - Right of passage, being claim of easement, must be specifically pleaded and prove nature of easement i.e. whether it is by grant made by servient owner in express terms, or by implied grant, or acquired..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue in forma pauperis - Grant of temporary injunction when application for permission to sue in forma pauperis is not allowed on account of pending enquiry - Held, an order of temporary injunction can be passed in exercise of inherent powers under..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit or partition of joint properties and for permanent injunction - Defendant pleading partition by relying on family settlement and the execution of the document dated 16.4.1990 - Plaintiff denying partition by family settlement or execution of document - Real issues between parties to be decided..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14 -- Interim injunction - Principles for grant of interim injunction are prima facie case, balance of convenience and irreparable injury if injunction is not granted - If the plaintiff can adequately be compensated for the loss caused to him by way of damages in the event of success of..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Not permissible - Once the suit is decided by the trial Court after contest by the parties and findings recorded on issues arising between them, the plaintiff cannot, as a mater of course, withdraw his suit at the stage of appeal...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit in appeal - Once suit decided by trial Court after contest - Plaintiff cannot as a matter of course withdraw his suit at the stage of appeal - Words 'at any time after the institution of suit' in Order 23 Rule 1 - Apply to a suit in trial Court and not thereafter - Findings recorded in the suit on issues..........
Civil Procedure Code, 1908, Order 7, Rule 14, 18(1) -- Plaintiff allowed to produce a receipt book for the purpose of cross examination during examination of defendant - A document which is produced by the plaintiff only for the purpose of cross-examination is not covered by the prohibition contained in O.7.R.18(1) - Order of trial Court upheld...........
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 190(1), 156(3), 468, 473 -- Dowry demand - Complaint that wife was beaten by husband, mother-in-law and sister-in-law as her parents failed to satisfy demand of dowry and sent out of matrimonial home - Magistrate took cognizance of offence on report..........
