Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Person applying for order of attachment U.O.38.R.5 CPC should necessarily establish that there is reasonable chance of decree being passed against defendant in the suit...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - When incorporeal or intangible asset is sought to be attached then merely because property is incapable of division or appointment as in the case of movable or immovable property is not a valid ground for refusing order of attachment U.O.38.R.5 CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Incorporeal or intangible property like copyright in respect of a movie produced is not exempted from attachment under the scheme of CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Expression `dispose' - Includes not only transfer or assignment but also every intermeddling or change in property designed to take property out of the hands of person in whose disposing power, control and domain the property is vested...........
Civil Procedure Code, 1908, Section 9 - - Declaration of title in respect of land of Andaman and Nicobar Islands - Jurisdiction of Civil Court - Ousted as said land are exclusively covered by Regulations of 1966...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration of title on basis of adverse possession - Suit property already transferred by defendant in favour of his daughter prior to filing of suit - Plaintiff did not challenge said sale deed, he thus, had no cause of action to institute suit against defendant - Moreover,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - There is complete contradiction in between admission made by defendant in written statement to that of proposed amendment sought in application U.O.6.R.17 CPC - Defendant thus, resiling of his statement made from written statement - More so, proposed amendment sought to be incorporated by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Disposal of application U.O.41.R.27 CPC by First Appellate Court prior to consideration of adjudication on appeal itself is erroneous and thus, unsustainable...........
Civil Procedure Code, 1908, Section 151, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Additional evidence - Dismissal of application - Eviction petition - Landlord seek to lead additional evidence in respect to property purchased subsequent to closure of their evidence - Landlord want to lead additional evidence in respect of necessity of son and..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for pre-emption - Where plaintiff who acquires title from a preemptor by virtue of a registered document being transferee, is not prevented from filing a suit for vindication of grievance, instead of invoking provisions of S.47 CPC...........
