Civil Procedure Code, 1908, Section 34, Order 6, Rule 1, 2 -- Bank loan - Pleading - An averment to be made in the plaint that interest/compound interest has been charged at such rates, and capitalised at such periodical rests, as are permitted by, and do not run counter to, the directives of the Reserve Bank of India...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Bank loan - Recovery - Alongwith plaint a statement of account shall be filed in Court showing details and giving particulars of debit entries, and if debit entry relates to interest then setting out also the rate of, and the period for which, the interest has been charged...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Sale of property to third party during pendency of suit - Held, subsequent purchaser is neither a necessary nor proper party...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - During pendency of suit defendant sold suit property to third persons - Presence of subsequent vendees in whose favour defendant has alienated the property in dispute is necessary for effective and complete adjudication of the suit - Amendment of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff not in possession - No prima facie case - Plaintiff had not acquired any right to seek relief of injunction against the true owner - Injunction rightly refused...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failing to prove his settled long possession - Defendant holding registered sale deed executed 20 years back - Balance of convenience not in favour of plaintiff - Plaintiff will not suffer irreparable injury - Refusal to grant injunction as to his dispossession - Proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Restraining defendant from raising construction - No partition by metes and bounds - Defendant cannot be allowed to raise construction even at his own risk...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Car Loan - Hire purchase agreement - Ownership of car with financier as long as money in full is not liquidated - Financier trying to get possession of car - Financier is regarded as the owner as long as the loan amount subsists and equity tilts in his favour to claim possession of the vehicle - Held, relief restraining..........
Official Secrets Act, 1923, Section 1(2) -- Secret information passed to enemy country which could seriously jeopardize national security - Act is applicable to Indian citizens as well - Bail granted to accused in the pretext that he is neither Govt. servant or Indian citizen living outside, cancelled forthwith...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of a party - Suit for injunction against State with respect to irrigation facilities - Other party will be effected by order of Court - No illegality in ordering impleadment as defendant of other party is likely to be affected...........
