Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Rejection of plaint - Dismissal of application - Civil Misc. Appeal U.O.43.R.1(u) CPC is not maintainable thereagainst...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness - A witness cannot be summoned to let in evidence not supported by pleadings...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of public servant as a witness - Dispute over immovable property - Courts not to ordinarily summon public servants to support the cause of one party unless Court itself is of the opinion that evidence of such public servant is required to adjudicate on the seriously disputed questions arising in the..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Writ petition filed to seek police protection - Cannot be granted without approaching civil court granting the injunction order...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Police protection - Police protection or police aid to enforce an order of injunction is not contemplated under the law...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - In case of disobedience of any injunction granted under Rr.1 and 2 or breach of any of the terms of injunction, the Court granting injunction may order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in the..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
Civil suit and criminal proceedings -- Forgery or cheating - Civil suit filed alleging gift deed fraudulent and not binding and cancellation of gift deed - Civil Court cannot punish accused for criminal offence of forgery, cheating etc. - Though both the proceedings arise from the same action but both relate to different aspects - Both civil suit and criminal proceedings..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery on basis of pronote - Whether plaintiff has proved execution of pronote and receipt by leading cogent evidence, can be said to be a question of fact - It cannot be said to be question of law much less substantial question of law - High Court thus, committed a serious error in upsetting concurrent..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17, Constitution of India, 1950, Article 227 -- Application U.O.6.R.17 - Petition under Art.227 filed against dismissal of such application - Remedy is available u/s 115 CPC - High Court ought to have converted writ petition into revision - Impugned order dismissing writ petition set aside - Matter remitted for..........
