Civil Procedure Code, 1908, Section 148A -- Caveat - S.148-A CPC provides for an opportunity of hearing to any person claiming such right to defend himself before passing of any order from which he might be affected and to ensure it where person files caveat, Court has to serve a notice of application on caveator, which is a duty cast upon Court...........
Civil Procedure Code, 1908, Section 148A(4) -- Caveat - S.148-A(4) CPC casts a duty on the applicant, who has been served with a notice of caveat, to forthwith furnish copy of application with complete documents filed in support of application to the caveator...........
Civil Procedure Code, 1908, Section 148A -- Caveat - Ad interim injunction granted without affording an opportunity of hearing to the caveator due to negligence on the part of Court officials as caveat was not reported - Order is liable to be recalled and caveator is entitled to be restored to the position of hearing of application afresh, on the principle that an act of..........
Civil Procedure Code, 1908, Section 148A, Order 39, Rule 4 -- Vacation of ad interim injunction - Court while considering application for vacation of order of temporary injunction U.O.39.R.4 CPC or any other provision, cannot ignore mandate of S.148-A CPC...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition to cancel registered sale deed executed by accused and return the money received from complainant - Said condition set aside as it adversely affects the rights of parties to the registered documents which can be adjudicated upon by a Civil Court only and registered sale deed cannot be..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Two suits virtually going to lead to the same very conclusion and thus leading to passing of contradictory and self defeating judgment/decrees which might also render reliefs in two suits to be unimplementable - It would sub serve the ends of justice if both the suits are clubbed together and disposed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - At the belated stage - Proposed amendment is not found to be necessary for the purpose of determining real question of controversy between parties - On the death of defendants when their LRs were brought on file, plaintiff could have asked for amendment at that stage but it was not done - Now,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Transfer on allegation that a person may not get complete justice from Court is a serious issue - Once an order is passed against which respondent had consciously availed a remedy of filing a review, in such circumstances, it cannot be said that by making a bald allegation that they do not have faith or that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration that plaintiff is a lawful occupier as caretaker/servant of A schedule property and occupier and adverse possession of B Schedule property - Caretaker/servant never acquires interest in the property irrespective of his long possession and caretaker/servant has to give possession forthwith on demand - So..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed by plaintiff on the basis of adverse possession - Plaint lacks material particulars and plaint does not disclose cause of action for institution of suit - Plaint rejected...........
