Civil Procedure Code, 1908, Section 10 -- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at Meerut seeks partition of entire..........
Hindu Marriage Act, 1955, Section 12, Civil Procedure Code, 1908, Order 32, Rule 15 -- Annulment of marriage - On ground of suppression of fact that wife was suffering from mental illness - Non-compliance with mandatory provision of O.32.R.15 CPC - Husband adduced evidence to show that wife is suffering from mental illness and was taking treatment for 10 years prior to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to defendant in suit, ex parte..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Issue of exchange of property raised for first time in written statement - If theory of exchange as advanced by defendants is found to be correct, plaintiffs may loose their case - Plaintiffs therefore, entitled to question this pleading which can no, suit their case totally - Filing of rejoinder thus, warranted in..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of L.R's on the basis of Will when there is no natural heir of deceased on record - Serious objection as to execution of Will - Issue as to legal representative has to be decided upfront after taking evidence and such issue cannot be decided later...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of L.R's - Law as to - (a) Question as to who is legal representative of deceased has to be determined first before proceeding further in the matter; (b) such enquiry is summary in nature; (c) to determine as to who is the legal representative, Court may take such evidence as may be necessary; (d) in case of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to include relief of possession - Once there is specific prayer for declaring the agreement to sell to be null and void, relief of possession is inevitable...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 33, Rule 1 -- Application by defendant for amendment of reply to application U.O.33.R.1 CPC filed by plaintiff has been dismissed - Amendment sought to be incorporated has been extracted in order which reveals that it is explanatory as after certain paragraph, word to word was sought to be..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354 -- Rape - Anticipatory bail - Allegation by prosecutrix-teacher that petitioner-school owner ravished her on various occasions - Innumerable criminal and civil litigation pending between management of school and its staff members - FIR registered on the very day when services of..........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Non-compliance of order passed in civil proceedings, cannot be made basis of cancellation of bail in a criminal case, particularly when said order is under challenge in Supreme Court and contempt proceedings were already initiated against accused...........
