Contempt of Courts Act, 1971, Section 2 -- Eviction petition - Appeal - Tenant given time to vacate subject to giving undertaking - But no undertaking given - Brother-in-law of tenant filing suit and obtaining interim order - Contempt petition by landlord - Suit withdrawn on coming to know of contempt petition - Affidavit by tenant and his brother-in-law apologising for..........
Civil Procedure Code, 1908, Section 10, Order 39, Rule 1, 2 -- Trial of suit stayed u/s 10 CPC - Even then Court is competent to deal with application U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Closing of evidence - It is an order of serious consequence - Normally such an order should be preceded by the order of lesser gravity - It will always be appropriate to impose costs before closing evidence of a party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Must be lawful to seek protection from Court by way of equitable relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Police help to enforce order of temporary injunction - Court is not precluded from directing police to extend help for enforcement at instance of party apprehending disobedience of Court's order - Court has inherent powers to pass appropriate order to ensure enforcement of its order...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit for injunction - Withdrawn as defendant made statement that he has no concern with Khasra No.55 nor he has ever interfered in its possession - Subsequent suit for possession as defendant encroached upon some area of Khasra No.55 and included it in Khasra No.56 - Cause of action in both the suits is separate - Suit..........
Kerala Land Reforms Act, 1969, Section 2(57), 2(39A), 12 -- Tenant - Ottikuzhikanamdar - Lease or mortgage - Determination - Ottikuzhikanam, when would amount to lease - S.2(39) recognises two types of Ottikuzhikanam - One type would be a mortgage within meaning of Transfer of property Act - That type of Ottikuzhikanam is excluded from ambit of definition of lease...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Closing of evidence - It is an order of serious consequence - Normally such an order should be preceded by the order of lesser gravity - It will always be appropriate to impose costs before closing evidence of a party...........
Civil Procedure Code, 1908, Order 11, Rule 1, 2 -- Interrogatories - Interrogatories should be closely related to the matter in question in the suit - Lower Court did not refer to any of the interrogatories sought to be delivered and whether they are related to the matter in question - Order passed contrary to law laid down in O.11.Rr.1, 2 CPC - Not legal - Matter remitted..........
Stamp Act, 1899, Section 2(5)(b) -- Bond - To be a bond it must have been attested by a witness; secondly the amount must not be made payable to order or bearer; and thirdly it must contain a distinct agreement by which obliger binds himself to pay - When any of these requisites is absent, the instrument is not a bond...........
