Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Conduct of parties is relevant for grant of ad interim injunction - Court while granting an order of injunction would take into consideration as to whether plaintiff has pre-varicated his stand from stage to stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Court to pass an order having regard to prima facie case, balance of convenience and irreparable injury - Finding on `prima facie case' is a finding of fact - Court while arriving at a finding of fact must arrive not only that a case for trial has been made out but also other factors requisite for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Court to pass an order on the application for interim injunction having regard to following factors - (i) Prima-facie case (ii) Balance of convenience of the parties (iii) Irreparable injury which might be suffered by the plaintiff if injunction refused (iv) Contention of the plaintiff must be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendants restrained from construction, alienation or altering the nature of the suit properties - Suit property commercial in nature - Share of plaintiff not more than 1/8th in the suit property - Due to injunction defendants not able to enjoy fruits of development agreements - Properties neither..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Just like a plaint - Provision of Order 7 CPC apply to a counter claim...........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 1, Evidence Act, 1872, Section 108 -- Plaintiff missing subsequent to the institution of suit - Wife seeking permission to prosecute suit - Suit for declaration of title and injunction in respect of joint family property - If applicant is not allowed to come on record and suit is..........
Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 3, 113B, Criminal Procedure Code, 1973, Section 313 -- Dowry death - Burden of proof - Once prosecution proves ingredients of offence, presumption arises that accused had caused dowry death and then it is for accused to rebut presumption - When accused..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction after partition of land among co-sharers - Land finally partitioned by AC Ist - Suit for permanent injunction restraining from raising construction over partitioned land - After partition of land by a valid order, land not joint - No injunction can be granted restraining construction over land...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Can be summoned only on the basis of evidence led at the trial - Summons issued on the basis of evidence recorded by police and before evidence was led in the trial - Order patently illegal - Set aside...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 of the Code - Can be instituted only with the prior permission of the Court - Defect in obtaining leave of the Court cannot be cured by grant of leave subsequent to the filing of the same - While granting leave to institute suit u/s 92 of the Code notice to the other party is not required - Court has to give reasons for..........
