Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 10, Specific Relief Act, 1963, Section 19, 22 -- Impleadment of a party - Suit for specific performance of contract - A person suing for specific performance of contract can ask for partition and separate possession of property - But, it would not enable a third party who is also..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 10, Specific Relief Act, 1963, Section 19, 22 -- Impleadment of a party - Specific performance - Transferee pendente lite - Transferee pendente lite would be in a similar position as a heir or legatee of a party who dies during pendency of suit or proceeding and therefore could seek..........
Guardians and Wards Act, 1890, Section 10, 25, Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 10 r/w S.25 of Act of 1890, being civil in nature, under special social welfare statue, will have overriding effect over general proceedings or findings recorded u/s 125 Cr.P.C. which is criminal in nature...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report of local commissioner does not hold any efficacy, when local commissioner has no personal knowledge of suit land and did not conducted relevant exercise with respect to suit Khasra number possessing relevant musabi - Thus, mere estimation with respect to location of suit Khasra number made by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Judgment and decree once set aside and suit remanded with a direction to decide afresh - It cannot be said that suit is remanded for a limited purpose - Amendment of pleadings is permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Amendment is permissible once Appellate Court sets aside the judgment and decree and remands suit for decision afresh - Amendment sought (i) regarding partial partition and (ii) regarding valuation of the suit - It does not change nature of suit -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purpose of quashing particularly the offences arising from commercial, financial, mercantile, civil, partnership or such type of transactions - High Court may quash criminal proceedings, if in its..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent finding of fact decreeing suit of plaintiff - First Appellate Court framed three points for determination and recorded its finding on every point - Submission of defendants that First Appellate Court not discharged its duties in accordance with law is misconceived - Courts below..........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Word `acts' used in O.3.R.2 CPC does not include act of power of attorney holder to appear as witness on behalf of party...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Can be allowed to be filed beyond thirty days if defendant moves an application satisfying Court reason why written statement could not be filed within thirty days...........
