Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering suit property - Plaintiffs were neither in possession of land nor produced any document to establish that they had ever exercised their rights of ownership over suit property - Even otherwise, since the plaintiffs are attempting to..........
Civil Procedure Code, 1908, Section 9A -- (As in Mah.), O.14.R.2 - Preliminary issue - Mixed question of law and fact cannot be decided as a preliminary issue - Question as to whether proceedings are barred by law of limitation is a mixed question of law and fact and thus, cannot be decided as a preliminary issue u/s 9-A of CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is in occupation of property and Panchayat had indeed granted permission to plaintiff for construction of house - Trial Court and First appellate Court have found plaintiff as owner and occupier of suit property - Since plaintiff was owner of property, which is the only..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration - Trial Court while dismissing application required to adjudicate as to whether presence of applicants before it in the suit was necessary in order to enable Court to effectually and completely adjudicate upon and settle all the questions involved in the suit - However, trial..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Income of husband is Rs.40,000 p.m - What was the actual reason for wife for staying separate would be decided once parties are permitted to adduce their evidence - Liability of husband has also been discussed - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - When the period between issuance and publication of proclamation and specified date of hearing is less than 30 days, proclamation has to be issued and published again...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Compromise underwent procedural delays due to various adjournments and subsequent loss of original compromise - However, fresh compromise application identical to original was submitted and verified by trial Court fulfilling all the requirements of O.23.R.3 CPC - Terms..........
