Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Committee from interfering into possession of plaintiff over suit property - Petitioner is neither owner nor in possession of suit property - He cannot seek impleadment merely on basis that Municipal Committee not contesting suit properly - In case..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Restraining defendants from constructing walls for Toll Plaza - Land acquisition process for constructing National Highway cannot be interfered with at the instance of plaintiffs - Neither there is any attempt on their part to approach revenue authorities for..........
Civil Procedure Code, 1908, Order 16, Rule 6, Representation of the Peoples Act, 1951, Section 101, 83(1)(a) -- Striking out prayer(c) - Election petition - Once it is found that neither original election petition nor amended election petition contains any pleading of material facts which would enable Court to form an opinion in terms of S.101 of Act of 1951, there was no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Vacation of - Occupancy rights given to petitioner on the ground that he is agricultural tenant of suit property - RTC extract shows name of respondent no.3 as a cultivator - No document was produced to indicate that there was an arrangement on crop sharing basis - Even property in question lost its..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and injunction - Injunction sought restraining defendants from alienating, encumbering or changing nature of suit property - Will in favour of defendant alleged to be illegal, null and void - Till the time it is proved that Will in dispute is not a genuine Will, presumption was..........
Kerala Abkari Act, 1977, Section 8(1), 8(2) -- Possession of arrack - Is penal u/s 8 of the Act...........
Kerala Abkari Act, 1977, Section 8(1), 8(2) -- Possession of arrack - When possession is made offence under a statute, actual physical possession would invariably satisfy requirements - However, for constructive possession to become penal in nature there must be something more than mere deemed possession - There must be an element of consciousness or knowledge of..........
Criminal Procedure Code, 1973, Section 200, Judges (Protection) Act, 1985, Section 3(1) -- Complaint against Magistrate - Protection u/s 3 of Judges Act - Complainant is not an Authority as provided u/s 3(2) of Judges Act - Judicial Magistrate First Class could not have entertained complaint filed by complainant as against Magistrate/respondent - Complaint quashed...........
Criminal Procedure Code, 1973, Section 482, 451, Punjab Excise Act, 1914, Section 61(1), 78(2) -- Quashing of order - Application for - Confiscation of car in which country-made liquor bottles were recovered - Order of Magistrate directing release of car upon furnishing bank guarantee - Application of provisions of S.451 Cr.P.C. in present case will be subject to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of a party seeking discretionary relief is of utmost importance besides consideration of three basic ingredients for grant of temporary injunction viz. prima facie case, balance of convenience and irreparable loss and injury...........
