Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - U.O.17.R.1 CPC on a date of adjourned hearing, if a party was absent, Court either would act U.O.9 CPC or otherwise as it thought fit or if a party was present but it did not produce evidence, it would proceed to decide suit forthwith without benefit of evidence...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27, 1 -- Proceedings u/s 12 of the Act - Jurisdiction - Domestic violence caused on foreign soil - Cognizance can be taken by invoking S.27(1)(a) and (b) of the Act - Provisions of S.27(1) (a) and (b) are applicable irrespective of the place of cause of action - Clause (a) and (b) of S.27(1) of the Act has..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs are in possession of suit property as per various documents placed on record - Prima facie case and balance of convenience are in favour of plaintiff - Plaintiff will suffer irreparable loss and injury in case denial of such relief - Defence by defendants that plaintiff along with her..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Summoning of opposite party as its own witness - Entire case of plaintiff is based on agreement to sell - Opposite party not named in the list of witnesses - Opposite party not a signatory of the said agreement - Presence of opposite party not relevant especially in view of admitted fact that opposite party is not a signatory..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Transposition of a defendant can be permitted in case of part abandonment of claim by plaintiff, provided defendant seeking transposition has identical interest with plaintiff vis-a-vis both, contesting defendants and subject property -..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An erroneous view of law is not a ground for review and Court cannot rehear and correct an erroneous judgment by way of review...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review cannot be extended to re-appreciation of evidence led by parties before trial Court nor can High Court in exercise of its power of review sit over its own judgment regarding interpretation of a document...........
Civil Procedure Code, 1908, Order 8, Rule 1, Commercial Courts Act, 2015, Section 16 -- Written statement - Not filed within statutory period - Commercial Court is justified in rejecting the application to accept the written statement...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further developing suit property - By not pressing the application for two years plaintiff virtually permitted construction of almost the entire building - Third party rights were already created by completing substantial construction of the building - Rights created in..........
