Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has no where recorded a finding that JD is possessed of sufficient means and is intentionally avoiding to pay decreetal amount - Unless and until, it is found that JD inspite of having been in possession of sufficient means is not intentionally paying decreetal..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of preliminary decree - Partition suit - Preliminary decree cannot be amended U.O.6.R.17 CPC unless a fresh preliminary decree is passed declaring augmented share - Once preliminary decree has attained finality and stage has progressed towards passing final decree, any claim for augmented share due to death of a..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere reason that earlier documents could not be placed on record as they inadvertently remained in brief of counsel, is no reason to invoke the provisions of O.7.R.14 CPC ...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application was filed after about five opportunities were granted to parties to argue the case - Procedure cannot be misused by a party to delay adjudication of case or to fill up lacunae in the case - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for recovery of school fee - Appellant an unaided private school filed suit for recovery of money for fee hike against students and their parents - S.22 of Haryana School Education Act ousts jurisdiction of civil Courts only in matters where Government or its officers have been empowered to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief cannot be granted when it amounts to granting final relief itself or when parties seeking such reliefs lack legal possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment challenged the judgment and decree as well as mutation - Said judgment and decree and mutation were within his knowledge, rather factum of same finds mentioned in plaint itself - Amendment would change nature of suit and would amount to a de novo trial as even though..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where a dispute which is essentially of a civil nature, is given cloak of a criminal offence, then such disputes can be quashed by exercising inherent powers u/s 482 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for prohibitory injunction - Violation of decree - Where a decree of prohibitory injunction has been rendered nugatory by wilful and unlawful act of JD particularly dispossession of DH from decreetal property, executing Court is vested with power U.O.21.R.32(5) CPC to direct measures necessary to secure..........
