Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendants from constructing over newly craved out plots - Plaintiffs contended that light, air and approach to her plot from both the sides will be obstructed if said construction is made out - However, prima facie no case is made out that plaintiff is enjoying such rights by way of..........
Civil Procedure Code, 1908, Section 151 -- Restoration of restoration application filed u/s 151 CPC - Limitation - It is Art.137 and not Art.122 of Limitation Act which applies - Limitation is three years from the date when right to apply accrues...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Ownership dispute or rights relating to agricultural land - Can be decided only by Revenue Court - Jurisdiction of Civil Court is barred. (U.P.Z.A. and L.R. Act, 1950, S.229-B)...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 43, Rule 1 -- Rejection of application U.O.9.R.4 CPC - Appeal thereagainst - Order is not appealable...........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Article 122 -- Restoration of suit dismissed in default - Limitation to file application for restoration of suit dismissed in default is 30 days - Application filed after two years - Petitioner not able to establish sufficient cause for his non appearance on date when suit was dismissed in default - Order..........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution - Decree passed in recovery suit - Attachment of salary - Salary to the extent of 1/3rd of first one thousand rupees and 2/3rd of remainder can be attached, as decree is not a decree for maintenance but is a decree passed in a suit of recovery and provisions of S.60(1)(i) CPC shall apply...........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - High Court by interim order fixed mesne profits @ Rs.1 lakh p.m - Supreme Court stayed said order of High Court on the condition that appellant deposits an amount of Rs.50,000 p.m with effect from 24.09.2009 - However, actual application for enhancement of mesne profits was dated 19.12.2011 - Date 24.09.2009..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Doctrine of dominus litis - Plaintiff is dominus litis - Applicants cannot force plaintiff to litigate against them - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Civil Procedure Code, 1908, Section 34 -- Interest - Contractual rate of interest 13.5% - Plea of bank that as per RBI guidelines it can charge interest at the rate of 21.5% per annum in case of deferred payments - Held, Bank is not entitled to claim interest more than the contractual rate of interest...........
