Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Order directing sale of property - Plea of JD that auction of part of land can satisfy decree is without any substance, as it is impossible for executing Court to segregate particular portion thereof - Only clearly demarcated piece of land is likely to fetch bidders - Moreover, if land fetches..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Rejection of plaint U.O.7.R.11 CPC - Amounts to decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, Trade Marks Act, 1999, Section 29 -- Infringement of Trade Mark - Injunction - Passing off - Evidence led by plaintiffs witnesses duly proved contents of plaint and case set forth by plaintiffs - Even, despite sending letters defendant No.1 failed to appear in the case and rather went on infringing plaintiffs trade mark -..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff during pendency of appeal - Judgment and decree passed in said appeal without taking note of death of plaintiff is admittedly against a dead person and a nullity - Impugned order of first appellate Court set aside - Case remanded to Lower Appellate Court for disposal afresh in accordance with law...........
Possession -- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit land is owned by plaintiff and part of same was in possession of..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendant was duly served in the suit and inspite of same defendant failed to appear - There were as many as three attempts made to serve defendant - Defendant is not justified in contending that report of postal department can also be forged on the registered..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Appeal preferred against judgment and not against decree - Date of decree relates back to date of judgment - Time for computation of limitation for filing appeal commences to run from date of judgment and not from date of decree - Memo of appeal stating that appeal is preferred against judgment..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not properly served - Specific plea of defendant that he was not even residing at the address given when he was sought to be served - In that situation, heavy onus was on plaintiff to prove signatures of defendant on the notice issued by trial Court, which failed to do..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Once act of domestic violence is committed, subsequent decree of divorce does not absolve husband from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Act including monetary relief u/s 20, Child Custody u/s 21, Compensation u/s 22 and..........
Infringement of Copyright -- Permanent injunction - Damages - Testimony of witnesses of plaintiff and documentary evidence adduced has proved the case of plaintiff hence, plaintiff is entitled to decree of permanent injunction - Since, acts of defendants not only pose grave threat to entire creative business of plaintiff but also affect livelihood of many creative..........
