Civil Procedure Code, 1908, Order 1, Rule 10 -- Provision enables the Court to add any person as party at any stage of the proceedings if the person whose presence before the Court is necessary in order to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the suit - Avoidance of multiplicity of proceedings is also one..........
Civil Procedure Code, 1908, Order 1, Rule 1, 3 -- Impleading of Judicial Officers who disposed matter as parties - Not permissible - Practice of impleading officer as contesting party strongly depricated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Estoppel by acquiescence - Suit for ejectment and recovery of rent on the ground of misuser of property for commercial purpose for which resumption order passed by Haryana Urban Development Authority - Defendant's plea that plaintiff waived his rights on principle of acquiescence or estoppel - Not..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 - - Temporary or ad interim injunction - Power of Court not only arises from provisions of Order 39 or under provisions of Specific Relief Act - Cases not covered under Order 39 - Court can still grant injunction under Section 151 - Inherent power of Court to grant injunction to meet ends of justice or to prevent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for ejectment and recovery of rent - Competent...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Suit can be withdrawn so long as suit is pending - Once suit is decided and decree passed it conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit - Therefore, at this stage of appeal, though it may be continuation of the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit in appeal where suit dismissed (on merits and not on account of any formal defect) - Cannot be permitted as a matter of right - No absolute right of plaintiff to withdraw suit at the stage of appeal under sub - rule (1) of Rule 1 of Order 23 though appeal may be continuation of suit - Once a suit is decided..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190(a), 200, 204(1) -- Dishonour of cheque - Complaint - Cognizance - Initial stage at which Magistrate is required to apply his mind to allegations of compliant arises as and when an opportunity arises keeping in view provisions of S.190(1)(a) Cr.P.C. and after taking cognizance by..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 43, Rule 1 -- Exparte order - Any order passed under O.9.R.7 CPC is certainly not appealable under the provision of O.43.R.1 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Decree - Payment - Appropriation - Such an amount is to be adjusted firstly strictly in accordance with the directions contained in the decree - In the absence of such direction, adjustments, be made firstly in payment of interest and costs and thereafter in payment of principal amount - This principle is subject to one..........
