Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court before invoking provision U.O.12.R.6 CPC, must be satisfied beyond cavil that admission is of a conclusive nature and does not hinge upon proof or disproof of any other collateral fact in issue...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court may issue commission U.O.26.R.9 CPC where local investigation is required for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court must examine the averments in plaint as they stand and determine whether suit is maintainable, without delving into merits of case or defence raised by defendant...........
Civil Procedure Code, 1908, Section 115 -- Revision - Interlocutory order - Revision is not maintainable against an interlocutory order passed in an interim injunction application, as no final order has been passed in said application...........
Civil Procedure Code, 1908, Section 115 -- Revision - Interlocutory order - Order passed without jurisdiction - Revision is not entertainable in the eyes of law against interlocutory order - Writ petition against such an order, wholly without jurisdiction, is always maintainable...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues regarding valuation and pecuniary jurisdiction of Court - Defendants who filed written statement had not raised issue of pecuniary jurisdiction and participated in proceedings - They have not produced any documents to substantiate that classification of land is not agricultural land and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Application for anticipatory bail is maintainable in High Court and party is at liberty to choose forum...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Unless petitioner pleads bar U.O.2.R.2 CPC in his written statement and an issue in this regard is framed and adjudicated upon, it is not possible without any evidence to conclude that suit is barred U.O.2.R.2 CPC...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simpliciter - Maintainability - Where question of title is not in dispute then suit simpliciter for permanent injunction is maintainable...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction seeking direction to defendant to execute sale deed in favour of plaintiff on the basis of agreement to sell in his favour - Plaintiff filed suit for mandatory injunction instead of suit for specific performance as such suit is not maintainable - Furthermore defendant Nos.1 & 2 executed sale deed in..........
