Civil Procedure Code, 1908, Order 1, Rule 10, Himachal Pradesh Urban Rent Control Act, 1987, Section 2(d) -- Impleadment of a party - Eviction petition - Rent petition was filed somewhere in year 2011 and application for impleadment as a party was filed by present landlord only in the year 2017 - There is no cogent explanation as to what took landlord almost 6 years to..........
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(12)(a) -- Appointment of sole arbitrator - Impleadment of no, signatory party to an arbitration agreement - Agreement executed between applicant and respondent no.1 having arbitration clause - Respondent no.2/Belgium Company was neither signatory to arbitration agreement nor did have any causal connection..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraint order cannot be passed against a person who is not party to the litigation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Temporary injunction - Restraint order passed against appellants whose application for impleadment was pending - Restraint order cannot be passed against a person who is not party to the litigation as it is against basic tenets of law besides gross violation of principles of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Huge delay - Merely because delay is huge one, that does not disentitle a party coming before Court for condonation of delay...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing that the disputed property..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Claim of right of staircase and path as easementary right - No boundary dispute - Plaintiff to prove his easementary right - Court is not to create evidence for the party to prove its case - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Party to decree cannot maintain an obstructor's application U.21.Rr.97, 101 r/w S.151 CPC that too without taking up a contention as to accrual of a independent cause of action that would legally constitute a ground for obstruction to execution of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Application for re-adjudication of rights sought by petitioner who is party to decree on the ground that property vested in a widow goes to her hands by divestation, as she contracted second marriage - However, no widow can be deprived of property..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 120B -- Bail - Dowry death - Complainant party received huge amounts and secured a transfer document of half share in kothi before registration of FIR - Trial of case will take long time - No useful purpose will be served by keeping petitioner in custody any further - Bail granted...........
