Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree of permanent injunction - O.21.R.32 CPC in respect of intention violation requires stricter proof of dispossession with reference to date, time, place and manner of dispossession - Expression `the act requires to be done' would arise when factum of intentional dispossession is..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree of permanent injunction - DH not pleaded material particulars with regard to disobedience and dispossession in application U.21.R.32 CPC - Factum of dispossession as alleged by DH would remain on debatable note - Impugned order of allowing application U.O.21.R.32 CPC set..........
Indian Penal Code, 1860, Section 416, 417, 418, 419, 34, Criminal Procedure Code, 1973, Section 482 -- Medical negligence - Quashing of proceedings - No allegation of gross negligence - Even there is no allegation of any mens rea - It is a case of surgery that in opinion of complainant went wrong - Even otherwise, without an independent impartial medical opinion,..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 27, 23, 31 -- Additional evidence at appellate stage - Application not considered - However, appellate Court relied the Will produced under that application as additional evidence without giving an opportunity to defendant to meet the additional evidence produced by plaintiff in the appeal - Judgment and decree of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Does not bind a party who remained ex parte - Compromise decree bind only the consenting party or signatory to the compromise...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Pleadings of relationship of landlord and tenant - Judgment of previous instituted suit in between father of plaintiff and defendant to prove relationship of landlord and tenant - Said judgment cannot be discarded by holding that pleadings with regard to said judgment not made in the plaint - Pleadings with regard..........
Agreement to sell -- Specific performance - Plea that dimensions of property not mentioned in the agreement to sell - Defence of defendants was total denial of agreements of sale and they did not dispute identity of property - Moreover when notice was issued to defendants calling upon them to execute the sale deed, they did not issue any reply to the said notice denying..........
Civil Procedure Code, 1908, Section 11, 96, Jammu and Kashmir Arbitration and Conciliation Act, 1997, Section 9, 37 -- Res judicata - Official respondents after extending contract with respondent no.1 i.e. fertilizer manufacturing companies cancelled further contract - Court gave order for renewing the contract - No adjudication has taken place on the merits - Earlier..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have concurrently found plaintiffs..........
