Family Courts Act, 1984, Section 7(1) -- Explanation (c) - Jurisdiction of Family Court - Property dispute between mother and children cannot be included u/s 7(1) Explanation (c) of the Act - It is purely a civil dispute and is not a family dispute to be resolved through a Family Court...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Proceedings in Execution continuing during the pendency of third party objections - Till the decision of third party objections, no final order shall be passed in the execution case...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent findings of Courts below decreeing suit of plaintiff on basis of demarcation report - Both the Courts below after due appreciation of all attending facts and circumstances approved demarcation - Defendant has not raised any objection to demarcation report - No interference warranted..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for vacant possession and permanent prohibitory injunction - Concurrent findings of two Courts below holding that plaintiff established his ownership over suit land and thus, entitled to relief of permanent prohibitory injunction - No illegality and infirmity in impugned orders of Courts below - No..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9 -- Temporary injunction - Appointment of Local Commissioner - Court cannot appoint Commissioner, as collection of evidence cannot be permitted while deciding application U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Status quo order cannot be granted by exercising power u/s 151 CPC, when there is express provision provided under CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Can be directed only after recording of evidence...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Correction of error in restoration application for restoration of appeal dismissed in default - Court below committed error by rejecting said application for correction on the ground that said application was not maintainable rather application should have been filed under provisions of O.22.R.4 and O.6.R.17 CPC - Impugned..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for injunction & possession - Concurrent findings of two Courts below that defendant had not encroached upon land of plaintiff - No illegality and perversity in said findings - Plaintiff has been non-suited simply on basis of findings of facts - No substantial question of law has arisen in the case - Second..........
Civil Procedure Code, 1908, Order 11, Rule 11, 21 -- Interrogatories - Defence can be struck off if interrogatories are not answered and not when answer to interrogatories may not be to the liking of the person delivering the interrogatories or allegedly incorrect...........
