Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of insurance company - Proceedings under Motor Vehicles Act - Accident had taken place on account of rash and negligent driving of offending truck - It was not open for insurance company of offending vehicle to get insurance company of other truck impleaded against whom no claim had been made - Moreover,..........
Indian Penal Code, 1860, Section 354, 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Nature of offence - Direct allegation of touching private parts of victim and also at the same time, appellant touching his private organs, is alleged by victim in her statements - Conviction recorded u/s 376(AB) IPC and u/s 6 of POCSO Act not sustainable..........
Civil Procedure Code, 1908, Order 11, Rule 1(10), Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - Commercial dispute - Financial statements that defendants want to place reliance upon were not disclosed at the time of filing written statement in Oct 2022 - Explanation that audited financial statements were concluded only in Dec 2023 was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners claimed that prior agreement to sell was executed in their favour before execution of present agreement to sell - Certain portions of land are also stated to have transferred to them by way of different sale deeds - Some litigation is stated to be pending..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaintiffs seek blanket permanent injunction to restrain defendant bank from interfering with their peaceful possession and enjoyment of property - Suit cannot be maintained since such a blanket prayer for permanent injunction cannot be granted - However, it is always open to plaintiffs to modify the prayer..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court lacking jurisdiction - Trial Court dismissed the suit - Impugned order set aside - Trial Court directed to return the plaint for presentation before Court of competent jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff filed a suit for declaration of ownership on basis of sale deed and also challenged the subsequent sale deed in favour of respondent no.1 - Application for impleadment of another buyer of subsequent sale deed was filed after 8 years of filing of suit - On the date of filing application..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party - Even in an application U.O.1.R.10 CPC for addition of a party, O.6.R.17 CPC is required to be followed for the purpose of consequential amendment(s) - When main purpose is to bring change in the nature of relief in the suit, plaintiff ought to have stated..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Entire allegation has been made only against defendants - There is no basis or ground made out for impleadment of defendant Nos.3 and 4 from a careful reading of plaint - Merely because defendant nos. 1 & 2 have purchased property from defendant Nos.3 and 4, it..........
