Civil Procedure Code, 1908, Section 11 -- Res judicata - Withdrawal of writ petition filed in High Court without permission to file a fresh writ petition may not amount to res judicata - However, remedy u/art 226 of Constitution should be deemed to have been abandoned by petitioner in respect of cause of action relied on writ petition when he withdraws without such..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance to mother - Liability of children - Question of payment of maintenance to parents is not dependent upon the fact that how much property has been given to children - It is the duty of children to maintain their parents - If petitioner/son is aggrieved by unequal distribution of land,..........
Civil Procedure Code, 1908, Section 5 -- Applicability of CPC - Proceedings u/s 116 of U.P. Revenue Code - Provisions of CPC is squarely applicable to proceedings u/s 116 of U.P. Revenue Code as per S.216 of said Code...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Proceedings u/s 116 of U.P. Revenue Code - Provisions of CPC is squarely applicable to proceedings u/s 116 of U.P. Revenue Code - However, issues were not framed and evidence was not led - Impugned order set aside...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Enquiry U.O.22.R.5 CPC is summary in nature since purpose is not to decide the complex question of right of inheritance between contesting parties but to merely decide the issue as to who has right to represent the estate of deceased in a particular suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Illegal encroachment made by defendant on the street in question - Power exercised by Trial Court by appointing Kanungo Incharge of area as Local Commissioner cannot be stated to be illegal, perverse or against law, as report which will be submitted by Local Commissioner would assist the Court in properly..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replication though not pleading specifically provided U.O.6.R.1 CPC but it attains character of pleadings when permitted to be filed by Court...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Mere non-filing of a replication would not amount to admission of facts pleaded in the written statement...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Trade mark - Restraining defendant from using trade mark, label and logo - Interim injunction granted on prima facie factual finding that colour of packaging material and photo, designs used in both the labels are similar and without detailed analysis, difference cannot be made out and that it can lead..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Enquiry U.O.20.R.12 CPC is continuation of the suit and is in the nature of preparation of final decree - Therefore, any application moved as a reminder for completing the inquiry is neither barred by limitation nor liable to be dismissed on the ground of delay or laches...........
