Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Exercise of jurisdiction u/s 100 CPC r/w S.41 Punjab Courts Act - Though in view of S.41 of the Punjab Act, it is not necessary to frame a substantial question of law, jurisdiction of High Court under second appeal cannot be exercised for re-appreciation of evidence...........
Indian Penal Code, 1860, Section 302 -- Murder of father by son - No prior dispute between parties - Injuries were inflicted on deceased in sudden fight - Injuries may be inflicted under the influence of liquor but nature of blows was such that endeavour was to end the life of deceased - It was certainly an act in a cruel and brutal manner taking advantage of situation..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - When Court is satisfied that suit has been instituted due to a bona fide mistake, it can allow any party to be implead at any stage of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Non-joinder of necessary party - Court instead of dismissing the suit exercised power U.O.1.R.10(2) CPC - Court even without an application of any of the party, has power to add or delete any party - If Court exercised power U.O.1.R.10(2) CPC then proviso contained in O.1.R.9..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - Where judgment or decree injuncts either of parties before Court from performing any particular act, ordinarily, no stay of such an order can be sought as it would amount to placing the clock back and restoring status quo ante...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of a judgment and decree during pendency of appeal - An order which restraint dis-possession cannot, ordinarily, be stayed at an interlocutory stage in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Stay of a judgment or decree is a concept unknown to law - What can be stayed is the operation or execution of a judgment or decree...........
Civil Procedure Code, 1908, Section 17, 20 -- Jurisdiction of Court - Suit for declaration - Properties spread over at different places - One of such property situated within jurisdiction of Court at place `B' - Suit rightly instituted in Court at place `B'...........
