Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Decree for restitution of conjugal rights - Decree for restitution of conjugal rights cannot be enforced except by way of attachment of the property of other party or compensation and mesne profits - Object of O.21.R.32(1) and (3) CPC is that no person can force a female or his wife to cohabit and establish conjugal..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - It is clear from evidence on record that there was a dispute with regard to pathway - Incident occurred in a sudden quarrel on the day of occurrence without any pre-mediation or preplanned manner - Accused filed a civil suit and obtained injunction orders and inspite of the same, for violation..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - Joint complaint and complaint filed in a representative capacity - Where there are only "a few consumers" and not "numerous consumers" having same interest, they can join together and file a joint complaint - A joint complaint stands in contrast to a..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - `Sameness of interest' is pre-requisite for an application U.O.1.R.8 CPC r/w S.35(1)(c) of Consumer Protection Act, 2019 - It is necessary for respondents to include in consumer complaint sufficient averments that would show sameness of interest...........
Civil Procedure Code, 1908, Order 1, Rule 8, Explanation -- Representative suit - To establish sameness of interest, it is not necessary to establish sameness of cause of action...........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- First appeal - High Court, in first appeal, impleaded a party and on this ground judgment and decree of trial Court set aside - High Court did not discuss as to whether an application to implead is maintainable - Judgment and decree of trial Court cannot be set aside without any further entering into merits of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Dismissal of application for injunction in a prior suit instituted by plaintiff - High Court granted injunction by pointing out that it was only a suit for permanent injunction and that dismissal of application for injunction without recording any finding relating to possession was of no consequence -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Advertisement was telecast in three television channels despite injunction order - Response of television channels that advertisement was telecast on few days due to technical error - Act of appellant was not intentional or deliberate to flout injunction order - Unconditional apology..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Subject matter in controversy in both the suits is not same - Relief claimed in both the suits is also different - Decision rendered in first suit will not bar second suit as per principle of res judicata - Application for stay of subsequent suit rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Lower Appellate Court has re-appraised the evidence and reversed the findings giving reason for its disagreement with findings of trial Court - Findings of Lower Appellate Court is in exercise of its powers u/s 96 CPC and is based on proper appraisal of evidence available on record - It does not suffer from an..........
