Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Matter pertaining to infringement of trademark and there is recurring loss in the business of plaintiff - Pleadings shows clear urgency in the matter - Provision u/s 12-A of the Act not applicable, as same can be attracted only in cases which do..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff claims title through unregistered documents - However, sale deed executed by defendant no.2 in favour of third defendant is a registered one - Plaintiff has not proved a valid title to suit property - No steps taken by plaintiff to cancel the registered sale deed in favour..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents which have already been placed on record with written statement - No new document is sought to be brought on record by filing application U.O.8.R.1(3) CPC and thus, no prejudice is caused to plaintiffs in such circumstances - Application allowed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for injunction - Condition precedent for invoking provision of O.21.R.32 CPC is that Court should give a specific finding that J.D. had an opportunity to comply with the decree and despite such opportunity, he wilfully disobeyed the same...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Agricultural land - Exemption from attachment - Mere existence of an agricultural land or that he is doing cultivation may not by itself bring him within sweep of S.60 CPC, unless he is wholly or principally depending on the income derived from such cultivation...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh one - Cannot be allowed by denying liberty to file a fresh suit - Suit can either be dismissed or allowed in toto and not in part...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Both the parties have failed to produce any material on record in support of their claim - Defence set up by defendant in his objection is triable issue which entitles defendant to unconditional leave to contest the suit as contemplated U.O.37.R.3(5) CPC - Unconditional leave..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Concurrent findings on record that khatedari rights accrued to defendants in the year 2013 and therefore in terms of S.13 of Specific Relief Act, plaintiff entitled to ask for specific performance - Both the Courts below also found that said ground was not raised by defendants in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Recovery suit against principal debtors and guarantors - Liabilities sought to be enforced joint and several - Death of guarantors - Even if suit stands abated against guarantors still then plaintiff's cause of action as against principal debtors survives - Suit does not abate...........
Civil Procedure Code, 1908, Order 9, Civil Procedure Code, 1908, Order 22 -- Restoration of suit - Provisions of O.22 CPC are applicable to proceedings U.O.9 CPC for restoration of suit...........
