Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution - On receipt of application for execution of decree, executing Court is required to ascertain whether requirements of O.21.Rr.11 to 14 CPC, has been complied with or not and in event of no, compliance, duty is cast upon Court to allow said defect to be remedied...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Application U.O.39.R.2-A CPC - Forum to move an application - Court where main proceeding is pending deals with an application U.O.39.R.2-A CPC - Similarly, appellate Court (if the appeal suit is pending on its file) shall deal with an application alleging violation of injunction in respect of an interim order passed in..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - High Court in its revisional jurisdiction to see only whether findings are illegal or perverse in the sense that a reasonably informed person will not enter such finding - High Court shall not exercise its power as appellate power to re-appreciate or reassess evidence for coming to different finding on..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharers - Absence of pleading of exclusive possession or permissive possession - Absence of pleading of permissive possession or that by conduct of parties intention to separate was revealed long ago and put into effect and that it was this intention which formed..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court has to confine its inquiry only to pleadings in plaint, when an application U.O.7.R.11(d) CPC is filed - Court cannot travel beyond those pleadings and look into defence taken by defendant...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Agreement to sell - Advance amount received by accused and he neither returned amount nor complied with terms and condition of agreement to sell - Breach of agreement between parties - It is purely civil dispute arising out of agreement to..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiffs asserted that suit properties are joint family properties and not partitioned by metes and bound - Defendants on the other hand asserted that some of suit properties are their self acquired properties - In view of said categorical stand of defendants, they shall begin first - Only..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 4(2) -- Amendment of written statement sought by defendant impleaded as legal representative - Legal representative impleaded as defendant can file additional written statement or raise pleas which deceased could have raised except those which were personal to the deceased defendant -..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for partition - Defendants claimed two items in suit properties as their self acquired properties - In such circumstances it is defendants who would begin first - Plaintiff shall be obliged to lead evidence in rebuttal only after defendants lead its evidence in proof of its case...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff can lead evidence in rebuttal only on those issues the onus of which onus was on defendant - Plaintiff cannot lead evidence in rebuttal on issues of which onus was on him...........
