Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Status quo order - Order of status quo not be passed without clarifying which party is in possession of the property...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 24, 22 -- Protection to senior citizen - Property dispute between mother and son - Merely because a dispute does exist between son and mother, son does not have any legal or moral right to throw his mother out of property, as it is for son to resolve civil disputes by approaching a proper civil Court..........
Civil Procedure Code, 1908, Order 11, Rule 14, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition on ground of cruelty - Production of documents - Documents sought to be produced pertains to educational course or earning of wife as teacher - These documents not related with ground taken by wife - Application rightly rejected...........
Civil Procedure Code, 1908, Section 24 -- Matrimonial proceedings - Transfer of proceedings - Wife and husband both seeking transfer of proceedings filed against each other from Goa to Mumbai and vice versa - Husband ready and willing to pay cost of travelling and stay of wife in Goa - That will not mitigate the inconvenience to wife as two school going children are under..........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit will not affect law of limitation - If a fresh suit is filed plaintiff is bound by the law of limitation as if the first suit had not been instituted...........
Civil Suit -- Contesting parties to the suit must get fair opportunity to contest the suit on merits in accordance with law - A decision rendered by Courts in an unsatisfactory conducting of trial of suit is not legally sustainable - It is regardless of the fact that in whose favour decision in the trial may go...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case on the grounds, viz. (a) Defendant not afforded an adequate opportunity to file his written statement; (b) In the absence of written statement defendant could neither adduce proper evidence nor file any documentary evidence in support of his case; (c) Suit decided on the basis of insufficient evidence as such..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - To be only with respect to fact and that also in concise form - Evidence not to be incorporated in the pleadings...........
Civil Procedure Code, 1908, Order 21, Rule 97, 103 -- Execution - Third party objections - Order U.O.21.R.97 CPC amounts to deemed decree within meaning of O.21.R.103 CPC and it shall be subject to same condition as to an appeal or otherwise as if it were a decree...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned finding that father of..........
