Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trial Court while dismissing the application has given thoughtful consideration to rival contentions raised by parties as also facts of case and rightly exercised its discretion while deciding the application - Appeal against the same is dismissed - Both the orders do not suffer from any illegality..........
Arbitration and Conciliation Act, 1996, Section 11(6), (6A) -- Appointment of arbitrator - Pre-referral jurisdiction of Courts u/s 11(6) of the Act is very narrow and inheres two inquiries i.e. : (i) primary inquiry is about existence and validity of an arbitration agreement, which also includes an inquiry as to parties to agreement and applicant's privity to said..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Property in question was transferred in the name of proposed party by way of forged Will - Later on said property was further sold to one `H' - Both these parties are necessary and affected parties to suit proceedings - Application rightly allowed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Plea of non-framing of an issue with regard to easementary right - Specific case of plaintiff is that windows/ventilation are existing for last about 50 years through which he is enjoying the light and air which was denied by defendant and parties have led their evidence on this aspect - In these circumstances,..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 8, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal in default for non appearance of both the parties - Restoration - Application for restoration of petition for divorce by mutual consent should have been filed by both the parties jointly and restoration application filed by appellant..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Under the garb of O.26.R.9 CPC, assistance of Court should not be sought to collect any favourable evidence as onus of proof of their case lies on respective parties by adducing evidence at appropriate stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - No relief was sought against applicant in the suit - In a suit for specific performance only parties to agreement are necessary parties and applicant neither necessary nor proper party to suit proceedings - Order allowing application set aside...........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Settlement - Supreme Court in exercise of its power u/art 142 of Constitution, in view of settlement between parties, has discretion to dissolve marriage by passing a decree of divorce by mutual consent without being bound by procedural requirement to move second..........
