Civil Procedure Code, 1908, Section 91, Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Construction of roof on public street - Obvious consequence thereof would be that flow of natural light and air to the adjoining premises would be diminished - Suit filed by neighbour for mandatory injunction as construction has caused special damage to him, is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Principles governing amendment of pleadings, illustratively and not exhaustively are : (i) whether the amendment sought is imperative for proper or effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should not cause such prejudice..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Self acquired property - Rule of blending - If there was no joint family property or coparcenery property in existence at the time of alleged throwing of the house in dispute by the plaintiff into the common..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Production of - Power of Appellate Court - Held, jurisdiction of appellate court is to be exercised not only when Cl.(a) and (aa) of sub-rule (1) of R.27 of O.41 the Code is attracted but also when such a document is required by Appellate Court itself to pronounce judgment or for any other substantial..........
Civil Procedure Code, 1908, Order 21, Rule 84,85 -- Interpretation of statute - Factors to be taken into consideration - Held, a statute must be read reasonably - It must be construed having regard to its legislative intent - It has to be meaningful - It must fulfill the object and purport of the legislative intent - It is also a well settled principle of law that common..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Scope - Held, O.1.R.10(2) CPC does not speak about the right of a no, party to be impleaded as a party - It speaks about judicial discretion of Court to strike out or to add parties at any stage of a proceeding - Discretion under said Rule can be exercised either suo motu or on application of plaintiff or..........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Extent of enquiry U.O.21.Rr.89 & 92 - Enquiry is to be confined to the provisions of Rule 89 and Rule 92 and not beyond that...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Duty of Court - Held, finding of fact based on conflicting evidences arrived at by trial court must weigh with appellate court, more so when the findings are based on oral evidence recorded by same Presiding Judge who authors judgment - This rule is a rule of practices - When there is conflict of oral evidences of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Time barred relief - There is no absolute rule that in every case where a relief is barred because of limitation an amendment should not be allowed - Discretion in such cases depends on the facts and circumstances of the case...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party- Plaintiff in a suit is dominus litis and he may choose the person against whom he wishes to litigate and cannot be compelled to sue a person against whom he does not seek any relief - This general rule is subject to provision of O.1.R.10(2) CPC...........
