Civil Procedure Code, 1908, Order 7, Rule 17, Civil Procedure Code, 1908, Order 18 -- Rokar Bahi - Instant case falls within miscarriage of justice as original of rokar bahi entries have not been proved on record in accordance with law, in essence, mere exhibition of document does not dispense with proof of same - Even respondent has failed to prove signatures of appellant..........
Haryana Urban Development Authority Act, 1977, Section 50, Civil Procedure Code, 1908, Section 89 -- Resumption - Once counsel for appellant on instructions from his client has suffered statement to pay entire outstanding amount then matter can be resolved by invoking provision of S.89 of CPC instead of relegating the application to avail alternative remedy...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3, 3A -- Ex parte interim injunction - Granted without notice to other side and without recording any reason for doing so - Not proper, particularly, when application U.O.39.Rr.1, 2 CPC was not adjudicated within one month by ignoring legislative mandate incorporated in O.39.R.3-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mandatory injunction in temporary form - Removing construction/wall and to make available right of access/way to plaintiff - Plaintiff not filed any documentary evidence to establish that he is using way for last 20-22 years uninterruptedly - Prima facie there is no case in favour of plaintiff to grant mandatory injunction..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Delay condonation and restoration application - Can be decided simultaneously - However, in the event of an order being passed on delay condonation and restoration application, main matter on merits should not be decided on the same date so as to enable the party aggrieved to challenge the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Petitioner purchased property from plaintiff prior to institution of suit - Said property included in scheduled property - If suit of plaintiff is decreed it will affect right of petitioner - Petitioner is absolute owner of scheduled property - Moreover, if..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - In case a decree for damages is passed in civil suit then it does not stand in the way for pursing criminal proceedings for defamation...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - Both the cases are different in nature - Pendency of both the cases does not amount to double jeopardy...........
Civil Procedure Code, 1908, Order 10, Rule 2 -- Examination of a party - Application U.O.10.R.2 CPC is not required - Even if such an application is filed the same is not barred and cannot be held to be not maintainable...........
