Civil Procedure Code, 1908, Section 16 -- Jurisdiction - Immovable property - Suit for determination of any other right to or interest in immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Ex parte ad interim injunction should not be granted without establishing that the content sought to be restricted is `malicious' or `palpably false' - Injunction against publication of material should be granted only after a full-fledged trial is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Suit for defamation - Three-fold test of establishing (i) a prima facie case, (ii) balance of convenience and (iii) irreparable loss or harm, for the grant of interim relief is equally applicable to the grant of interim injunctions in defamation suits - However, this three-fold test must..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Merely recording that a prima facie case exists, that the balance of convenience is in favour of the grant of injunction and that an irreparable injury would be caused, would not amount to an application of mind to the facts of the case - The three-fold..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Plea of jurisdiction rejected in an application filed U.O.7.R.11 CPC - Same argument of lack of jurisdiction cannot be raised in a petition seeking transfer of proceedings while having accepted the said finding recorded in an application U.O.7.R.11 CPC and by not seeking judicial redress against the same...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Plea of jurisdiction rejected in an application filed U.O.7.R.11 CPC - Same argument of lack of jurisdiction cannot be raised in a petition seeking transfer of proceedings while having accepted the said finding recorded in an application U.O.7.R.11 CPC and by not seeking judicial redress against the same...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Civil Procedure Code, 1908, Section 114 -- Review - Change in law or subsequent decision itself cannot be a ground for review...........
Civil Procedure Code, 1908, Section 114 -- Review - An error which is not self evident and has to be decided by process of reasoning, can hardly be said to be an error apparent on the face of record...........
