Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 85 -- Jurisdiction of Civil Court - Waqf property - Civil suit for permanent and mandatory injunction - Property admitted to be Waqf property - Question as to the nature of Waqf and whether plaintiff is a beneficiary of Waqf also arising in the suit - Held, it is Waqf Tribunal which has jurisdiction to..........
Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of earlier suit in default and not on merits - It cannot be said that instant suit is barred U.O.23.R.4 or O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 13 -- Execution - Objection to execution proceedings as well as to application u/s 47 CPC filed by applicant do not either disclose any substantial defence to decree or testify the same to be suffering from any jurisdictional infirmity or invalidity - Order rejecting objections held, proper...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Appellant was not present on the date when case was called, therefore appellate Court dismissed the appeal - However, in a case on a particular fixed date of hearing, if appellant or his counsel do not appear then also Court committed error in dismissing the case..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 405 -- Cheating and criminal breach of trust - Quashing of proceedings - Criminal colour given to a civil dispute - Such an exercise is nothing but an abuse of the process of law - It must be discouraged in its entirety...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Not signed by Advocate - It is a curable defect...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - When compromise is incomplete and bad for non-joinder of all the sharers, Court will have no other option, but to proceed with suit or appeal, as the case may be by rejecting compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Mere fact that one of sharers remained ex parte does not itself empower or authorize remaining parties to suit for partition to conclude the suit by entering into a compromise, without his/her juncture...........
