Civil Procedure Code, 1908, Order 29, Rule 1 -- Suit by Company - Plaint has to be signed and verified by a person - Plaintiff is required to prove that person who filed the suit was competent and duly authorized by the company to sign the pleadings...........
Criminal Procedure Code, 1973, Section 245 -- Discharge - Civil dispute between two real brothers regarding some house for which civil suit is pending as a result of which complainant has roped in all the family members of his real brother - Held, simply on such ground discharge application cannot legally be allowed because after recording evidence of both the parties at..........
Civil Procedure Code, 1908, Section 9,11,92 -- Bar on jurisdiction - Suit for modification of scheme already settled by Court for administration of private religious trust - Maintainable - Application can be filed if modification is for purpose of administration - Not barred u/s 11 CPC...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468 -- Quashing of criminal proceeding - Only question in to be decided in the matter is that whether in two sale deeds executed in favour of informant, the property is situated in plot No.64/4 or in plot No.66/1/2 - Held, this may be decided only by civil Court regarding which a..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Earlier application filed seeking to implead subsequent buyer of property was allowed - Application for amendment has now been filed seeking alternative relief of refund of earnest money along with interest - Contention of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Plaintiff filed a suit seeking a decree of permanent injunction - Interim injunction sought was refused by Trial Court - Legality of - Held, Trial Judge failed to appreciate that appellant had been able to make out a prima facie case and that balance of convenience and inconvenience also..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of party - Compromise between plaintiff and defendant No.1 - Presence of defendant No.2 not necessary in any manner so as to settle any dispute with plaintiff - Suit decided in terms of compromise - Defendant No.2 setting up counter claim against defendant No.1 - Defendant No.2 cannot be transposed as plaintiff..........
Indian Penal Code, 1860, Section 419, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of criminal proceedings - Application u/s 156(3) - Registration of case - Case is at the stage of investigation and charge-sheet has not yet been filed - Criminal case and a civil suit have arisen out of the same fact over same property - Held,..........
Wakf Act, 1954, Section 6, 7 -- Wakf property - Jurisdiction of Tribunal - Wakf Board filed a suit in Tribunal for joint possession of land in 1972 - Act came into enforce in 1995 - Held, Tribunal could not have entertained and decided suit - It was only within the jurisdiction of civil Court - U/s.6 r/w S.7 of the Act, institution of suit in civil Court is barred only..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Lis between State and employee - Principle of Res judicata - Applicability - Held, a Civil Court finding against State at the instance of one employee ought to be seen merely as an adjudication between parties and there can be no res judicata or a binding nature of a decision of a subordinate Court to be treated as..........