Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Possession delivered in execution of decree - High Court in revision passed an interim order directing D.H. to redeliver possession to J.D. - As possession is delivered in execution of decree as such there is no question to pass interim mandatory injunction directing D.H. to redeliver..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff when makes out a case within limitation by claiming relief of injunction on the plea that his possession was sought to be disturbed by the defendant, Court could not have rejected the plaint - It is a question to be adjudicated on merits as to whether plaintiff is entitled to relief claimed,..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Partition of agricultural land duly recorded in revenue record - Cannot be challenged in Civil Court, as it is within the jurisdiction of the revenue Courts - Civil Court had no jurisdiction to opine as to whether partition was fair or not - Even otherwise, once the property is held to be non-ancestral,..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be set up before or at the time of filing of written statement or at a later stage with leave of Court - Order allowing counter claim filed after filing written statement and without leave of Court, set aside - All proceedings, including interim injunction, on the basis of counter claim also set aside...........
Civil Procedure Code, 1908, Order 26, Rule 20, 21 -- Commission issued by foreign Court - Court can appoint Commission on request of foreign Court - Commission to examine witness issued by foreign Court - Witness residing within jurisdiction of Punjab and Haryana High Court - Commission appointed by High Court accordingly...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A against husband - Quashing of complaint sought on the ground that marriage of parties is void as wife's previous marriage was subsisting at the time of her marriage with the petitioner - Petition for nullity of marriage pending in..........
Civil Procedure Code, 1908, Section 9, 21, 43B, Order 7, Rule 2 - - Trust property - Jurisdiction of civil court - Specific dispute as to whether suit property is a trust property or not - Held, where dispute relates to decision with regard to immovable property as to whether it belongs to or is a property of a particular trust or not, it can be considered and decided by a..........
Civil Procedure Code, 1908, Order 21, Rule 2, Limitation Act, 1963, Section 5, Article 125 -- Settlement out of Court - Recording of satisfaction - No period of limitation is prescribed when D.H. applies - However, J.D. must file an application for recording the settlement outside the Court, within thirty days from the date of settlement - S.5 of Limitation Act is not..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Settlement out of Court - When memo filed at the instance of D.H. no further verification is required - Recording satisfaction at the instance of J.D. requires issuance of notice to D.H. and a semblance of enquiry and it is only when D.H. admits the settlement that the satisfaction can be recorded...........
Civil Procedure Code, 1908, Section 99, 100, 103 -- Second appeal - Undecided questions of facts - Power of Court - Held, it shall be within powers as well duty of High Court u/s 103 of CPC to decide some undecided questions of facts if those are shown arising...........
