Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant no.2 as appellant no.4 - Suit for specific performance decreed in favour of plaintiff - Other defendants filed appeal against such decree - Defendant no.2 is co-owner of suit property as admitted by plaintiff - Plaintiff himself had arrayed defendant no.2 in suit filed by him - Defendant no.2 is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of fact and law, for which evidence needs to be adduced - Plaint cannot be rejected on said issue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For passing an order U.O.7.R.11 CPC, only averments in civil suit are to be seen and not any other documents - Whether averments made in suit are proved to be correct or false depends upon evidence which will come on record...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from disturbing possession of plaintiffs - Plaintiffs are in possession of suit property - Temporary injunction is in operation for the last 10 years - Impugned order of setting aside injunction order granted in favour of plaintiffs set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Criminal Procedure Code, 1973, Section 156(3) -- Jurisdiction - According to the provisions of the Act and the Code, the Exclusive Special Court or the Special Court, has the power to take cognizance of offences under the Act directly and can exercise the powers of a Court of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 154, 156 -- Applicability - Ss.18 and 18A of the Act exclude any preliminary inquiry before registration of a First Information Report contrary to the provisions contained in Ss.154 and 156 Cr.P.C. - Section 19 of the Act excludes the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Criminal Procedure Code, 1973, Section 156(3) -- Jurisdiction - According to the provisions of the Act and the Code, the Exclusive Special Court or the Special Court, has the power to take cognizance of offences under the Act directly and can exercise the powers of a Court of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 154, 156 -- Applicability - Ss.18 and 18A of the Act exclude any preliminary inquiry before registration of a First Information Report contrary to the provisions contained in Ss.154 and 156 Cr.P.C. - Section 19 of the Act excludes the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important per se is not in itself a sufficient ground for admitting that evidence in appeal...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit filed for permanent injunction and subsequent suit filed for specific performance - Earlier suit withdrawn without permission to file fresh suit with respect to the suit land - Nothing on record to establish what was the cause of action of plaintiff in earlier suit - In the absence of any..........
