Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Trial Court and Appellate Court came to the conclusion that plaintiffs not entitled for interim injunction - Orders passed by Courts below based on prima facie valid evidence and cannot be said to be arbitrary or perverse - Does not call for interference in revision under Section 115...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction in a suit for permanent injunction against Improvement Trust for restraining it from carving out plots on any part of street by conducting public auction - Disputed land acquired by Improvement Trust duly approved by State Government and compensation already deposited and Tehsildar who was appointed as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Joint property - Co-owner or coparcener is not a necessary party...........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Before dismissal of suit conditions to be fulfilled are : (a) There must be an order to answer interrogatories, or for discovery or inspection; (b) If the plaintiff fails to comply with the order, the suit is liable to be dismissed for want of prosecution; (c) The party seeking discovery or inspection must apply to the..........
Civil Procedure Code, 1908, Order 18, Rule 17A, Civil Procedure Code, 1908, Order 20, Rule 1 -- Additional evidence when case fixed for pronouncement of judgment - Permissible - Judgment is a stage of a suit - Court in no way loses control over proceedings of suit till its pronouncement and signing the judgment in accordance with provisions of Order 20...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Expressions hearing of suit and stage of suit - Not synonymous - Clear distinction has to be drawn - Hearing of a suit would be where Court fixes a date for some acts to be done by either of the parties - Stage or a later stage of suit would be a stage till pronouncement of judgment when Court becomes functus officio of case..........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Sick person - Examination by Local Commissioner - Sick person not residing within the local limits of jurisdiction of trial Court - Provisions of O.26.R.1 not applicable...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 167(5) -- As amended by Section 4 of West Bengal Act 24 of 1988 - Non completion of investigation within prescribed time of 2 years - Discharge - Time to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court' - Means only..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance of agreement to sell - A person who is not a party to the agreement is not entitled to be impleaded as a defendant...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property during pendency of suit - Both the parties having Wills of the deceased in their favour and disputing the rights of each other - Validity of Wills still to be determined - Will in favour of plaintiff executed later in time cannot be ignored at the interim stage..........
