Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - Private partition - Each of the co-owners in possession of a specific area and plaintiff raised construction of three shops and leased out land in favour of a brick kiln owner - Private partition is possible even in the absence of an order passed by authorities concerned - Held,..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Some of the materials on the basis of which sanction was granted not proved - Do not vitiate the order of sanction...........
Constitution of India, 1950, Article 226, 227 -- Non impleading of necessary parties - Effect - Writ for quashing election of Office bearers of Executive Board - New Office bearers not made party - They are affected parties - No adverse order can be passed without affording them opportunity to present their case - Non impleading of newly elected Office bearers fatal - Writ..........
Civil Procedure Code, 1908, Order 23, Rule 1(1)(3), 3 -- Withdrawal/Compromise of suit - Requirement of law - (i) Order 21 Rule 1(1) - Withdrawal of suit simplicitor - No formal adjudication or satisfaction of Court is required except Court may impose such costs upon plaintiff to satisfy the expenses of the defendant as it may deem fit - Plaintiff precluded from..........
Civil Procedure Code, 1908, Order 43, Rule 1-A(2) -- Appeal against decree passed in suit after recording compromise or refusing to record compromise - Suit for declaration by sons challenging sale deed executed by their father - Compromise entered by one of son with vendee - Suit withdrawn on the statement made by said son on his behalf and on behalf of another son -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - Demolition of shop inspite of order of status quo - Authorities deliberately avoiding to answer averments made by applicants - Clear case of flouting of Court's order - Trial Court was wrong in refusing restoration of possession - Relief of restoration could not be granted by writ Court..........
Civil Procedure Code, 1908, Section 151 -- Joint trial - Court can order joint trial if common question of law or fact arise in both proceedings or that the right to relief claimed in them are in respect of or arise out of the same transaction or series of transactions or that for some other reason it is desirable to make an order for joint trail - If plaintiff in one..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, Civil Procedure Code, 1908, Section 151 -- Transfer of civil suit for damages to Debt Recovery Tribunal for joint trial - Civil suit for damages against Bank for failing to fulfil its obligations in cash credit facility - Bank approaching Debt Recovery Tribunal for recovery of loan - Joint..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor - Permission to compromise - Minor becoming major at the time of compromise - Guardian has no authority to enter into compromise even though without any formal order of discharge he could appear in the proceedings for other purpose...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise of suit - Nature of decree passed - Rule 3 consists of two parts - First part provides that where it is proved to the satisfaction of Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties, the Court shall order such agreement or compromise..........
