Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act filed in High Court - Held, contempt petition in High Court is not maintainable in view of alternative remedy available U.O.39.R.2-A CPC who has the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Acquisition proceedings - Earlier writ petition regarding notification under Land Acquisition Act dismissed on merits by duly assigned reasons - Subsequent writ petition with respect to same notification not maintainable being barred by res judicata though new ground regarding lapse of proceedings was taken, as it..........
Partnership Act, 1932, Section 69 -- U, registered partnership firm - Sale by one partner of property belonging to firm without consent of other partners - Other partners seeking cancellation of sale - Basis of suit whether co-ownership or factum of partnership - Clause 25(d) of the Partnership deed states that "no partner of the firm shall without the consent in writing..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Not maintainable at instance of complainant after charge sheet is filed and cognizance of offence is taken and process is issued against accused...........
Indian Contract Act, 1872, Section 73, 10, 7 -- Breach of contract - Damages - Concluded contract - Proposal and counter proposal - Existence of a concluded contract is a sine qua non in a claim for compensation for loss and damages arising out of a breach of contract - If instead of acceptance of a proposal, a counter proposal is made, non concluded contract comes into..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent prohibitory injunction - No issue framed to the effect that suit was not maintainable in absence of proper specifications/khasra numbers as possession was with defendant - Even, no such objection was taken by defendant in his written statement - In absence of proper issue regarding maintainability of suit,..........
Specific Relief Act, 1963, Section 31, Wakf Act, 1995, Section 5, 6, 40 -- Suit for cancellation of sale deed - On ground that property belongs to Wakf - Property in question never notified as Wakf property in official gazette - No objection raised by any person or Wakf Board for non-inclusion in list - Lapse of 50 years from date of gazette notification - Plaint not..........
Criminal Procedure Code, 1973, Section 2(wa), 372 -- Appeal against acquittal - Can be maintainable at the instance of widow of deceased, as she comes within the definition of "victim" u/s 2(wa) Cr.P.C., even though leave to appeal was not granted to State...........
Civil Procedure Code, 1908, Order 23, Rule 3(a) -- Compromise decree - Setting aside - Suit for setting aside compromise decree is to be filed before Court which passed compromise decree - However, where Court passing compromise decree is itself not competent to decide suit for setting aside compromise decree, then suit before same Court is not maintainable...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Merely because `Leave' is granted, it will not preclude Court when real facts are bought to its knowledge from coming into question whether `Appeal' is competent or maintainable or not - Maintainability of appeal can be argued at any stage and permission to file appeal earlier by..........
