Partition suit -- In a suit for partition every interested party is deemed to be plaintiff...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Opposite party has right to address final arguments even in the absence of filing its written version against the complaint or non participating in the proceedings...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Adjournment - Opposite party had right to seek an adjournment in order to address arguments on merits even in absence of filing its written version against the complaint or non participating in the proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs have been in permissive possession of at least one shop since 2012 and were also found in possession by Local Commissioner - Simply because plaintiffs have filed suit on the basis of an oral agreement of sale, prima facie assessment of merit of such claim of plaintiffs could not have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Recovery memo did not bear the signature of accused - Private person had joined the police party and also signed the recovery memo but he was not made a witness by prosecution for the reason best known to it - More so, FIR no. has been mentioned on the recovery memo which puts a serious dent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4), Criminal Procedure Code, 1973, Section 46 -- Recovery of 3 kgs Ganja - Arrest of female accused - There is no female members in raid party - However, it is no case of accused before PW2 that he violated S.46 Proviso Cr.P.C - So statutory presumption u/s 46 Proviso Cr.P.C is that accused submitted herself..........
Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of intervenor - Suit for specific performance - Respondent purchased the share of defendant and got valid and legal title of suit property - He is thus, a necessary and proper party to suit - Application for impleadment of respondent rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for partition and permanent injunction - It is not open for plaintiff to claim property to be ancestral during lifetime of his father and to have share in it - Suit is barred by law - Plaint rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, joint possession and permanent injunction - Plaintiff himself levels allegations against defendants that they played fraud and documents in question through which they have succeeded their rights in property are obtained by playing fraud and same are illegal, null and void - Burden is upon..........
