Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - High Court dismissed review application by no, speaking order without adverting to specific grounds raised in review application - Even judgment of High Court in deciding writ petition against which review application was filed, without referring to pleadings cannot be upheld - Order of High Court set..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Issues are not to be framed on the basis of relief claimed - Each material proposition of fact and law has to be subject matter of separate and distinct issue...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of defendant No.2 as a party - Suit for injunction and cancellation of election - Application by one of the defendants (elected President of society) for deletion of co-defendant (former President) from suit on the ground that no relief has been claimed against him - Petitioner being co-defendant has no locus to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Any co-sharer/co-owner who is out of possession can very well seek an injunction against other co-owner in possession of property, if acts of co-owner are detrimental to interest of co-owner not in possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Partition suit - Plaintiff claiming 1/3rd share in suit property - Being real sister of defendant, right of plaintiff as co-sharer in joint family property cannot be prima facie doubted - Trial Court while allowing application not exercised its discretion perversely, capriciously or in..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police assistance to implement order - Application dismissed and stay vacated by holding that at the time of grant of ad interim injunction plaintiff failed to apprise Court with regard to filing of caveat by defendant - Impugned order set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
