Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13(1) -- Transfer of divorce petition - Husband filed divorce petition at Ahmedabad (Gujarat) - Wife residing at Rajasthan - Distance between Ahmedabad and Rajasthan is about 200 kms and it is very difficult for wife to travel such a long distance - Moreover, husband already appearing in Rajasthan in..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Dispute as to breach of contract - First suit filed by defendant in Court at Surat and second suit filed by plaintiff in Court at Mumbai - Both the suits are same and issues involved in both suits are directly and substantially one and same - However, footnote of offer letter given by plaintiff to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Application U.O.7.R.11 CPC - Has to be tested on demurer - Court has to examine prayer for such rejection assuming averments in plaint as correct - Defence of defendant cannot be pressed into service to seek rejection of plaint U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Rejection of plaint - Appeal U.O.43.R.1 CPC - Not maintainable - Appeal provided U.O.43.R.1 CPC is only against order of return of plaint passed U.O.7.R.10 CPC and not against order U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83 -- Jurisdiction of civil Court - Jurisdiction of civil Court is barred when question involved in the suit is whether suit land is wakf property or not, as said question can be decided only by Tribunal and not by Civil Court...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 51, 53 -- Jurisdiction of civil Court - Matters falling u/ss 51, 53 of Wakf Act are required to be decided by Tribunal and hence jurisdiction of Civil Court to decide such matters is barred by virtue of S.83 of Wakf Act...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Consolidation of two suits - Single judgment - Suits in which common issues have been framed and common trial has been conducted, the losing party must file appeals in respect of all adverse decrees founded even on partially adverse or contrary speaking judgments and decree not assailed thereupon metamorphoses into..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14(1)(c)(e) -- Interim injunction - Private contract of personal service - Courts do not grant injunctions to direct continuation of a contract which by its terms is determinable vide Ss.14(1)(c), 41(e) of Specific Relief Act...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Order allowing application partly to the extent of permitting the plaintiff to withdraw the suit and refusing to grant liberty to file a fresh suit - Is erroneous and cannot be sustained, as Court ought to have dismissed the application in toto...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Order allowing application U.O.23.R.1(3) CPC - Does not amount to an order passed on merits, as permission to withdraw a suit decides no matter in controversy and does not confer any right on a party on the basis thereof and would not in any way prejudice the defence to set up by defendants in another..........
