Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 21A -- In case of conflict between a general law and a special law it is special law which prevails...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for Specific performance - Objections raised by defendant are mixed question of facts and law and it could have been heard and decided after framing of issues and leading evidence by respective parties - If third party rights are created, it would result in multiplicity and complicity of..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant may file counter clam as against claim of plaintiff before defendant delivers his defence or before time limited for delivering his defence has expired...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim sought to be filed nearly ten months after filing of written statement and more particularly after issues were framed - Leave to file counter claim cannot be sought after framing of issues - Defendant, not entitled for grant of leave for filing counter claim...........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for compensation for wrong done - Mere injury or wrong done without anything more would not suffice to sustain claim of compensation - Wrong done takes both the act and effect - In the instant case, death of daughter of plaintiff happened in Delhi but its..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from plying thrashing machine in front of their house along with diesel engine - Thrashing machine causing huge noise and air pollution and on account of emission of chaff from thrashing machine, house of plaintiff filled with dust particles, as a result family members of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Suit property is owned by son of defendant and not defendant - Plaintiff came to know said fact only on filing of written statement - Son of defendant is thus, proper and necessary party to suit - Delay is not a ground that son of defendant cannot be impleaded in the..........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Stay of eviction petition on the ground of pendency of civil suit - For stay of subsequent suit, litigation have to arise out of civil suit - In the instant case proceedings in civil suit and eviction petition are neither directly nor substantially the same as in civil suit title of property is to be..........
