Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Setting aside - Proper publicity was given for auction sale in papers so also with the aid of beat of drums in locality - Details of valuation of property were duly mentioned - JD did not adduce any evidence nor brought any bidder to purchase the property for a higher price than purchase bid..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Translated version of document, marked exhibit in trial Court, sought to be produced in appellate Court - It is not additional evidence - Translated version can be filed before Court at any time - Document to be taken on record without any demur by Court...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Disobedience of decree for permanent injunction - Apart from his own evidence, no independent witness examined by J.D's to falsify stand taken by D.H. - As more than six years have passed after J.D's were held guilty for wilful disobedience as such order of civil detention modified by..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for possession by way of specific performance was filed by defendant - Subsequent suit for declaration in respect of same property filed by plaintiff - Agreement to sell in favour of defendant was prior in time, thus suit of defendant for possession by way of specific performance has to be..........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 7, West Bengal Premises Tenancy Act, 1997, Section 7(3) -- Dismissal of application for local inspection - Second application - Res-judicata - Virtually on identical points first prayer of local inspection is rejected, hence, principle of res judicata will apply on second application - Moreover, Court has no hesitation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O -- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any exceptional circumstances nor..........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act in High Court - As it is imperative to come to a definite conclusion before punishing concerned respondent as to whether he indeed willfully..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of injunction - Court who has granted injunction or made an order may order the property of person guilty of such disobedience or breach to be attached and may also order such person to be detained in civil imprisonment for a term not exceeding three months unless Court in the meantime directs its..........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act filed in High Court - Held, contempt petition in High Court is not maintainable in view of alternative remedy available U.O.39.R.2-A CPC who has the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought to substitute word `business' with `practice' - Word `business' is of wide import and essentially include expression `practice' as it is systematic and continuous activity by a person by the application of his labour and skill with a view to earn profit - Once that is the..........
