Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Section 151 -- Temporary injunction - Non filing of reply by defendant - Right to file reply closed on 19.12.2017 - Defendant seeking to file reply to temporary injunction application on 31.01.2019 - O.8.R.1 CPC gives 30 days time to defendant to file..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her father and mother - Though..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona fide purchaser for..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - Document in question was not forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - It cannot be said that document in question was forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- In absence of complaint in terms of S.195(1)(b)(i) & (ii) r/w S.340 Cr.P.C. is filed, the petitioner cannot be prosecuted for the said offences by directing registration of offence u/ss 193 & 471 IPC and the order directing registration of above-stated..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- Cognizance of offence - Offence u/ss 193, 471 - It appears that petitioner is Government servant and he is said to have committed offence u/ss 193, 471 IPC in relation to Court proceedings therefore, Ss.195(1)(b)(i) & 195(1)(b)(ii) Cr.P.C. is squarely..........
Hindu Marriage Act, 1955, Section 13(1)(ib), Family Courts Act, 1984, Section 17, Civil Procedure Code, 1908, Order 14, Rule 2 -- Divorce petition - Issues not framed by Family Court - Court thus not applied legal procedure while passing the impugned judgment - Impugned judgment is illegal and perverse which cannot be sustained...........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14, Civil Procedure Code, 1908, Order zzz39, Rule 1, 2 -- Application U.O.11.Rr.12, 14 r/w S.151 CPC - Can be moved in proceedings relating to temporary injunction as proceedings for temporary injunction are part of the main proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - It is to be granted not at asking but on strong circumstance so that to protect rights and interest of parties so as not to frustrate their rights regarding mandatory injunction...........
