Civil Procedure Code, 1908, Section 146, Order 22, Rule 10 -- Transferee pendente lite - While deciding an application u/s 146 and O.22.R.10 CPC Court is not required to go into controversy as to whether person sought to be impleaded as party in the suit is either necessary or proper party - If person sought to be impleaded as a party is legal representative of a party to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining respondent no.1 from creating third party interest in the suit property - Plaintiff prima facie failed to prove that he is having 50% share in suit land, as there was no document to that effect - Even otherwise, third party interest in suit land could not have been created without..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection once raised at trial and decided by trial Court, it is not open to parties to raise it again at the stage of execution...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objections - Issue regarding correction of boundary of suit land already decided by executing Court - No objection was raised by JD - Correctness of facts recorded by a Court of law in a judicial proceeding is sacrosanct and cannot be questioned at a belated stage - JD has absolutely no lawful basis..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Averments made in plaint only are relevant - Averments made in plaint prima facie do not show that they are vexatious or meritless - Contentious issues existed which are to be decided after recording evidence of parties - Issue of limitation is a mixed question of law and fact and..........
Civil Procedure Code, 1908, Order 40, Rule 1, Partnership Act, 1932, Section 44 -- Appointment of receivers - Dissolution of partnership firm - For protecting partnership business plaintiff and defendant No.1 appointed as receivers to look after day-to-day affair of business in just and convenient manner - Act of exclusion of co-partner from rightful interference and..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - Application for leave to defend filed on 10th day at 6.00 pm beyond Court hours - Trial Court endorsed the receipt of such application though filed beyond the Court hours but dismissed the application - Once application was accepted, delay of one day, if any while computing the..........
Civil Procedure Code, 1908, Section 114, Constitution of India, 1950, Article 136, 215 -- Review - Transfer of share by member of one group to another group of company - Company Law Board upheld validity of such transfer - Appeal filed against order of CLB - High Court instead of confirming validity of such transfer, interfered with whole resolution and invalidated other..........
Civil Procedure Code, 1908, Section 100, Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Second appeal - Question of maintainability of suit on the basis of S.4(1) of Benami Transaction Act - It is purely a question of law and can be decided in second appeal...........
Civil Procedure Code, 1908, Order 7, Rule 11, Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 7L(4) -- Rejection of plaint - Rejection of plaint on institutional ground is different from dismissal of suit at pre-trial stage on ground of maintainability - For dismissal on preliminary issue, Court is entitled and liable to look into entire documents..........
