Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 - - Interim injunction in a suit for declaration that land in dispute a thoroughfare and sale of same by Municipal Council in favour of defendant without jurisdiction, null and void and against public policy and public interest - Land in dispute sold by Municipal Council vide registered sale deed and site plan..........
Indian Penal Code, 1860, Section 302, 307, 324, 34, Haryana Canal and Drainage Act, 1974, Section 24 -- Digging of khal by accused - On protest complainants assaulted - Accused claiming right of private defence on being assaulted by complainant and others - Patwari, a prosecution witness deposed that life demarcated land two days prior to date of incident - His statement..........
Civil Procedure Code, 1908, Order 14, Rule 2(2), Civil Procedure Code, 1908, Order 43, Rule 1 - - Preliminary issue, appeal against - Order of Court deciding preliminary issue - Appeal not maintainable under Section 96 - No appeal prescribed under Order 43 Rule 1 against order deciding preliminary issue - Where Court decides a preliminary issue regarding jurisdiction to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20B(1), Criminal Procedure Code, 1973, Section 162 -- Appeal against acquittal - Notice Ex.PD and PD/1 under Section 50 to the accused held by the trial court tantamount to the statement before the police and is hit by Section 162 Cr.P.C. and as such inadmissible in evidence - Held that Ex.PD and Ex.PD/1 were..........
Civil Procedure Code, 1908, Section 10 -- Stay of earlier suit - Not permissible - For stay of suit - Only provision is Section 10 - Two conditions under Section 10 are : (i) parties to two suits are the same, and (ii) prayer is for stay of later suit - Plea that since case relates to partition of immovable property and partition of house cannot be conveniently made..........
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..........
