Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Guidelines as pointed out by Supreme Court are : (1) the existence of a strong case for trial, the standard of which shall be higher than that of a mere prima facie case required for a prohibitory injunction; (2) the necessity to prevent irreparable or serious injury, which cannot normally..........
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition - Necessary party - Partition proceedings have been carried out without impleading all co-sharers which suffers from vice and even this aspect of matter has not been seen before passing order by Financial Commissioner - Order set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Once plaintiff has come to know about transfer of suit property in favour of subsequent vendees, it has become his compulsive necessity to implead them - Presence of subsequent vendees was not necessity of plaintiff only, but it would also facilitate trial court to arrive at just conclusion, so as to do..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Evidence - High Court issued directions that defendant was permitted by trial court to cross-examine three witnesses of plaintiff - While completely mis-understanding and misinterpreting true import of order passed by High Court, trial court permitted plaintiff-respondent to lead more evidence, for which there was no scope..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement has taken objection with regard to suit being premature on ground of no, invoking of arbitration clause - Petitioner did not move any application u/S.8 of Act before filing of written statement - Such application..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Once written statement was filed, it amounted to..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Issues were framed and trial Court proceeded with case..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Merely on account of no, filing of replication, Court cannot draw a conclusion that assertion made has remained unchallenged...........
Civil Procedure Code, 1908, Order 37, Rule 1, Partnership Act, 1932, Section 69(2) -- Money suit - Suit by registered partnership firm - Maintainability - Certificate of registration of plaintiff-company proved during trial - Firm being a registered partnership firm, entitled to sue and enforce its right arising out of a contract by or on behalf of any person showing as a..........
Civil Procedure Code, 1908, Section 17, 16(d) -- Territorial jurisdiction - Suit relating to immovable property - Property situated within jurisdiction of different Courts - Suit may be instituted in any Court within local limits of whose jurisdiction any portion of said immovable property is situated...........
