Civil Procedure Code, Section 34 -- Mortgage suit - Controlled by Order 34 Rule 11 - Section 34 has no application - Provisions of Section 34 and Order 34 Rule 11 admit no conflict between them - Distinct and different provisions and operate in their own field...........
Criminal Procedure Code, 1973, Section 145, 146 -- Injunction by Civil Court in favour of the petitioner - Proceedings under Section 145 initiated and ordered the attachment of the land and Receiver appointed - Subsequently no, speaking order passed and ordered the Kalendra to be filed - Order cannot be sustained - The proceedings taken by the Magistrate in this case are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Ready and willing - Amendment of plaint sought in appeal - Held, amendment inserting the relevant averments under Section 16(c) of the Specific Relief Act does not change the cause of action and would be legally permissible...........
Civil Procedure Code -- Amendment of plaint in a suit for specific performance - Averment under Section 16(c) Specific Relief Act regarding plaintiffs readiness and willingness to perform his part of contract not originally pleaded - Amendment inserting relevant averments under Section 16(c) - Does not change cause of action - Legally permissible as laid down in Gajanan..........
Specific Relief Act, Section 16(c) -- Plea that plaintiff ready and willing to perform his part of contract - Not originally pleaded - Amendment of plaint inserting relevant averments under Section 16(c) - Locus standi of subsequent purchaser to challenge - Re - consideration of decision in Jugraj Singh's case (1995) 2 SCC 31 by a larger Bench - Question left open - Civil..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Prosecution in respect of a forged document produced in Court - The bar contained in Section 195(1)(b)(ii) of the Code is not applicable to a case where forgery of the document was committed before the document was produced in a Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit by vendee for declaration restraining defendants from dispossessing and also from alienating suit land - Suit land purchased during pendency of appeal in which appellant and vendor - respondent entered into compromise - Question whether sale of suit land hit by doctrine of lis pendens under..........
Criminal Procedure Code, 1973, Section 231 -- Application of the prosecution for examination of the witnesses whose names were mentioned in the complaint filed in the Court of Magistrate but whose deposition on oath had not been recorded before the Magistrate during the enquiry under Section 202 Cr.P.C. dismissed - Direction issued to allow the examination of those..........
Civil Procedure Code, 1908, Section 16 -- Suit for specific performance of agreement of sale of immovable property - Must necessarily be instituted in the Court within whose jurisdiction the property agreed to be sold is situated - General rule that Court within local limits of whose jurisdiction a part of cause of action arises, can entertain the suit - Not applicable to..........
Civil Procedure Code, -- Suit for permanent injunction restraining defendants from interfering in lifting of sand and quarry by plaintiff from land shown as Shamlat Den Hasab Rasad Khewat Malkan and as such belonging to Sanjhi Bhumi Committee who had entered into agreement with plaintiff - Sand is `mineral' as defined in Section 3(a) of Mines and Minerals (Regulation and..........
