Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed, declaration of ownership, permanent injunction and mesne profits - Said reliefs cannot be within the domain of a Rent Tribunal - Issues involved could be decided only by a Civil Court - Application rightly rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - It is obligatory upon a party to demonstrate before Court as to how said party is necessary and proper party for adjudication of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner sought his impleadment on the basis that property in question is a waqf property - However, he is unable to demonstrate before Court relevant documents that property in question, where construction is likely to be raised, is a waqf property - Petitioner/applicant cannot be said to be a..........
Registration Act, 1908, Section 17 -- Registration - Declaratory decree - Suit filed only for declaration that `R' was the owner of suit property - No family settlement brought on record by defendant and in absence of any family settlement, judgment and decree which was a simpliciter suit for declaration, cannot be said to be exempted from registration...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Expeditious disposal of application U.O.39.Rr.1, 2 CPC - Even if proceedings in a suit are stayed supplemental proceedings which would include decision on injunction application could be carried out - Trial Court erred in rejecting the application filed by petitioner seeking early disposal of application for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 506 -- Quashing of proceedings - Offence u/ss 448, 506 IPC - Long standing civil dispute between parties - Respondent No.2 is in the habit of filing false cases against appellants and his family members - Allegations in the FIR are totally absurd - When respondent No.2 has not filed any suit,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property transferred by mother in favour of her son - Son contended that house in question was purchased by him from his own sources in the name of his mother - Civil suit was already filed by son claiming ownership of house in question - However, in case son is..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - To grant leave u/s 92 CPC, allegations in the plaint are only to be looked into by Court - If Court enters into a satisfaction that a prima facie case has been made out, then leave has to be granted for proceeding with the suit...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Court can grant leave even without notice to opposite party - But it is desirable to give notice and hear other party and give them an opportunity to controvert allegations before leave is granted...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Leave granted by Court u/s 92 CPC is only a preliminary stage and is not conclusive, and at any time, opposite party can move Court to revoke leave granted or dismiss suit after adducing evidence - Initial grant of leave will not affect final decision on merits if parties are to adduce..........
