Civil Procedure Code, 1908, Order 22, Rule 4(2) -- Substituted defendants - Additional written statement - Substituted defendants cannot take any independent stand by filing additional written statement when deceased defendant had already filed his written statement - They cannot take a new plea in their written statement by denying the pleadings of plaintiffs, which was..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff not only `aver' but must also prove in order to get out of teeth of S.16(c) of Specific Relief Act...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff not only `aver' but must also prove in order to get out of teeth of S.16(c) of Specific Relief Act...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability - Anticipatory bail application is maintainable even after issuance of notice of appearance u/s 41-A Cr.P.C, as apprehension of arrest exists...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Institution of suit at place where defendant resides or cause of action arises - Provision of S.20 CPC is a residuary provision only which is applicable to cases beyond those in Ss.15 to 19 CPC...........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction - Immovable property - Suit for determination of any other right to or interest in immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Ex parte ad interim injunction should not be granted without establishing that the content sought to be restricted is `malicious' or `palpably false' - Injunction against publication of material should be granted only after a full-fledged trial is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Suit for defamation - Three-fold test of establishing (i) a prima facie case, (ii) balance of convenience and (iii) irreparable loss or harm, for the grant of interim relief is equally applicable to the grant of interim injunctions in defamation suits - However, this three-fold test must..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Merely recording that a prima facie case exists, that the balance of convenience is in favour of the grant of injunction and that an irreparable injury would be caused, would not amount to an application of mind to the facts of the case - The three-fold..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - High Court while granting bail to accused imposed condition that accused would deposit a sum of Rs.30,000/- - Condition so imposed by High Court is totally alien to principles governing bail..........
