Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Criminal case registered against defendant in which he was arrested - Matter was settled, MOU was executed and defendant was granted conditional bail - However, defendant did not comply with the terms and conditions of MOU executed before the Court - Plaintiffs were within their right to..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Declaratory decree - Non-filing of cross-objection - Issues framed by Appellate Court - Effect of - In the absence of cross objection or independent appeal on behalf of respondents assailing decree granted against them, Appellate Court cannot frame issues - Order of appellate Court set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Specific Relief Act, 1963, Section 19 -- Impleadment of co-owners as defendants - Suit for specific performance - Petitioners sought their impleadment on basis that they are co-owners in possession and enjoyment of suit property along with defendants - They will be proper parties to suit which will enable Court effectually..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Dispute regarding first date of hearing - Question as to which date is first date of hearing is a vital question, which may be decided after framing of issues and on the basis of evidence on record and giving opportunity of hearing to parties - Said question may be considered by..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448 -- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Vague and general allegations were made against wife by husband - No specific instances were given regarding allegations levelled by husband - Though in support of allegations husband examined his father but he has no personal knowledge exactly on what issues there was dispute between the..........
Civil Procedure Code, 1908, Order 15, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 1 -- First hearing of a suit - Meaning - Day fixed for hearing on which Court applies its mind to determine point in controversy between parties in a suit, which ordinarily would be at the time when either issues are determined or evidence..........
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 264, 278 -- Transfer of case - Probate proceedings - Question of legality of Will or right of deceased over property in respect of which Letter of Administration is claimed cannot be adjudicated by Probate Court - Such issues can be gone into by a Court having original civil jurisdiction - Probate..........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 31 -- Review and appeal - Land acquisition proceedings - Division Bench allowed State's appeal and in consequence dismissed writ petition and upheld the acquisition proceedings as legal and proper that too without dealing with any of issues raised by parties in writ petition and..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - When issue is to be tried by framing issues, inhibition in O.14.R.2(2) CPC is that no issue can be tried as a preliminary issue unless it is an issue of law only and even then it should fall U.O.14.R.2(2) CPC, otherwise even pure issue of law cannot be decided...........
