Civil Procedure Code, 1908, Section 151 -- Consolidation of two suits - Parties to both the suits are distinctly different - Cause of action and relief claimed in both the suits are also different - Plaintiffs in both the suits are asserting their possession to suit property but with reference to different transactions and different points of time - Common evidence cannot..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Eviction suit - Petitioner never prayed for appointment of Court Commissioner before Rent Tribunal - Rather, petitioner specifically came up with a case that she is in possession of premises in question - Action of petitioner of requesting to appoint Court Commissioner is nothing but an..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Decree for payment of money - Provision of O.21.R.37 & S.51 CPC are mandatory - Before ordering civil imprisonment Court has to give an opportunity to J.D. to show cause as to why he should not be committed to prison...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Recovery of commercial quantity - Petitioner regularly appeared before trial Court - Sending petitioner in custody at this stage would not serve any purpose - Bail granted to petitioner...........
Civil Procedure Code, 1908, Section 115 -- Revision - Non-affixation of proper Court fee on plaint - Question of affixation/payment of Court fee is between plaintiff and State and defendant had no right to move superior Courts by way of appeal or revision petition in eventuality said question having been decided against him - Revision petition dismissed being not..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Order of granting bail is susceptible to interference when bail is granted without proper application of mind or in contravention of directions issued by Supreme Court...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Considerations that weigh with Appellate Court when called upon to examine the correctness of an order granting bail is not on the same footing when it comes to examining an application moved for cancellation of bail - Yardstick for testing correctness of an order granting bail is whether Court below has exercised its..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Mechanical recording submission of counsel for the accused and noting the protest of counsel for the State, bail granted by holding "in view of the aforesaid", can hardly reflect application of judicial mind by Court - Impugned order set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - First appellate Court correctly interpreted S.6 of Hindu Succession Act and thereafter applied, which resulted in reduction of share of plaintiffs - Findings recorded by First Appellate Court are in tune with law and there is no..........
