Civil Procedure Code, 1908, Section 54 -- Partition suit - Division of revenue land - Advocate appointed as Commissioner for division of revenue land by trial Court while passing preliminary decree - Collector or any Gazetted Subordinate Officer who is deputed by collector is entitled to division of revenue land as per S.54 CPC - Preliminary decree and final decree passed..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where executing Court has given findings on an application which was not at all maintainable, findings affecting applicant's interest do not operate as res judicata in subsequent suit that they may initiate...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Application U.O.21.R.97 CPC can be dismissed in limine if obstructer fails to satisfy Court his prima facie right to show resistance to execution - Enquiry can be held only when executing Court finds that obstructor has got a semblance of right or interest which requires detailed enquiry..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Third party who has got interest in the property which is subject matter of execution proceeding can file an application U.O.21.R.97 CPC - However, there must be a decree for possession or an immovable property should have been attached and sold in the course of execution proceeding and..........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff raised the construction only in his property - Admittedly, construction has been completed and defendants have not questioned the construction which is on the common pathway - No document on the side of defendants to show that there is an encroachment of common pathway by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff had raised construction over vacant land in front of ancestral house which earlier served as a passage to his house and on such account he was disentitled from claiming right of passage from veranda which has fallen to share of defendant -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - To constitute a valid admission in pleading, said admission should be unequivocal, unconditional and unambiguous and admission must be made with an intention to be bound by it - Admission must be valid without being proved by adducing evidence and enabling the opposite party to succeed without trial...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission in pleadings means a statement made by a party to legal proceedings whether oral, documentary or contained in an electronic form and said statement suggests an inference with respect to a fact in issue between the parties or a relevant fact...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission not unequivocal and absolute to pave way for a judgment on admission - Judgment on admission is erroneous and illegal...........
