Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand of case - Conditions for - Held, specific provisions have been made in the CPC empowering remand of a suit by appellate court for specific purposes under specific circumstances - There cannot be an arbitrary order of remand without satisfying conditions U.O.41.Rr.23, 23-A or 25 of CPC - Even when a party..........
Civil Procedure Code, 1908, Order 39, Rule 1,2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Suit for injunction not maintainable when plaintiff had equally efficacious remedy to seek specific performance but has not sought the said relief - Held, if suit for permanent injunction itself is not maintainable, then question of granting temporary..........
Specific Relief Act, 1963, Section 38,20,41(h), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction suit - Not maintainable when remedy of filing suit for specific performance is available - Plaintiff cannot claim temporary injunction in pending suit for injunction simpliciter...........
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Delay in filing - Condonation of delay - Power of appellate court - Held, there is no specific bar which restrains the appellate Court to hear and decide the appeal alongwith the application for condonation of delay - On the contrary provision is otherwise which puts bar on the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Suit for specific performance - Additional evidence - No explanation why certified copy of alleged agreement was not produced by plaintiff at appropriate stage of his evidence - Said agreement was well within knowledge of present plaintiff while plaintiff was leading his evidence - Held, only because defendant No.2 while..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back..........
Hindu Minority and Guardianship Act, 1956, Section 6, 7, 25, Specific Relief Act, 1963, Section 41(h) - - Custody of minor child - Suit for mandatory injunction - Maintainability - Plaintiff-appellant neither applied u/s 7 of the Act for her appointment as guardian of minor nor u/s 25 for making an order for return of his custody - Suit for mandatory injunction filed for..........
Civil Procedure Code, 1908, Order 41, Rule 24, Civil Procedure Code, 1908, Section , Order 14, Rule 1, 2 -- Non framing of an issue - Evidence available on record not sufficient for deciding that question - O.41.R.24 CPC cannot be invoked - If at all it was felt that trial Court should have framed specific issue then the matter should have been remanded to the trial Court..........
Specific Relief Act, 1963, Section 38, 41(j) -- Injunction - Lease of plot to plaintiff - Restraining defendant from leasing out any portion of plot leased to plaintiff - Plot proposed to be leased out not carved out from the plot on lease with the plaintiff - Plaintiff has no right in respect of any other area other than area leased out to him - Injunction cannot be..........
Civil Procedure Code, 1908, Section 9, 41(a) - - Restraining the respondent from initiating or proceeding with any legal proceeding in the United States of America or in any forum other than this Court - Anti suit injunctions should not ordinarily be granted in view of S.41(a) and (b) of the Specific Relief Act 1963...........
