Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 38, Wakf Act, 1995, Section 6(2), 92 -- Suit for injunction - Impleadment of Wakf Board as a party to the suit - Occasion for the Wakf Board to get itself impleaded may arise at the most, in a suit for declaration of title and not the one for grant of injunction...........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 65 -- Plaint - Amendment - Alternative relief of delivery of possession - Limitation - Suit for declaration, mandatory injunction and possession filed on 30.04.1979 - Foundational fact with regard to recovery of possession made throughout in the plaint - Part of suit property already stood attached..........
Civil Procedure Code, 1908, Order 14, Rule 2 - - Framing of issues - Decision thereon - Suit for declaration and permanent injunction - Multiple issues framed by trial Court including issue regarding no, joinder of necessary parties - Trial Court disposed of suit on a preliminary issue in regard to no, joinder of necessary parties - Legality - Held, in case, there are any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and mandatory injunction - Plaintiff has already sought for relief of mandatory injunction restraining defendants from raising construction over plot and for restoring possession - However, construction was raised by defendant during pendency of suit - Plaintiff seeking to amend..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 113, 65 -- Amendment of plaint - Limitation - Suit for declaration of title and injunction - Application for amendment filed after 9 years from date of suit - Since suit was based on title, Art.113 of Limitation Act being a residuary article is not applicable - Art.65 of Limitation Act providing..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is not null and void - Plaintiff not a party to the sale deed - Plaintiff not seeking possession - Plaintiff not required to pay ad-valorem court - Order dismissing application U.O.7.R.11 CPC, upheld...........
Specific Relief Act, 1963, Section 34,38, Civil Procedure Code, 1908, Order 14, Rule 2 -- Suit for injunction simplicitor to injunct defendant from dispossessing him from suit premises on ground that he was recognized tenant of property - Though not directly, suit is to get the title established and on basis thereof, injunction has been sought for against defendants -..........
Civil Procedure Code, 1908, Section 79, Order 1, Rule 9, Civil Procedure Code, 1908, Order 27, Rule 1 -- Necessary party - Suit for declaration seeking certain rights over the suit land admitting that land belonged to State Govt. - If any relief is claimed against the State, then State is a necessary party - In absence of owner of the land, no such declaration can be..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 374 -- Death of a woman by burning - In the dying declaration she stated that burnt herself as she had quarrel with accused (husband) - Trial court convicted and sentenced accused to four years - High Court enhanced sentence to 6 years - Held, enhancement of sentence not justified - Trial court..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Offence u/s 302 IPC - Applicant and co-accused caught hold of deceased, dragged her to bath room, poured kerosene oil on her body and set her on fire - Deceased named appellant in her dying declaration - Occurrence took place in day light - Bail rejected...........
