Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Person having semblance of interest can be allowed to intervene in the matter and Courts allow such application - But, power under provision of O.1.R.10 CPC is a discretionary power and discretion is to be exercised judicially and completely and effectively to adjudicate the dispute between parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
Agreement to sell -- Specific performance - Ready and willing - None of plaintiffs who were parties to agreements entered the witness box to prove their willingness to purchase property - Agreement upon which plaintiffs seek relief of specific performance had been expressly repudiated by vendors through notice - Plaintiffs, however relying on alleged part payments made..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment rejected on the ground of res judicata without going into merits of case - Order rejecting application set aside - Trial Court directed to consider application after providing an opportunity to all the parties and in accordance with law...........
Registration Act, 1908, Section 17 -- Un-registered usufructuary mortgage deed - When an usufructuary mortgage is entered into, where the amount involved is more than Rs.100, then as per S.17 of the Act registration of said document is compulsory - Even though such unregistered document has been received in evidence and marked, plaintiff is entitled to rely on said..........
Custody of child -- Child not allowed by mother to interact with father inspite of directions of Court - Contempt of Court proceedings filed by father - Parties may be divorced as husband and wife, but they can never be divorced as parents - Their responsibilities as parents will continue as long as they live, notwithstanding whether they are husband and wife - Contempt..........
Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage on basis of customary divorce deed - Husband and wife both belong to same community i.e Kadva Patidar - They have validly entered into deed of divorce which is accepted as customary practice amongst members of Kadva Patidar community - Deed of divorce was executed in presence of witnesses as required -..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Fraud if any whether perpetrated at the first instance of valuation, or later is a matter which could be unearthed only after a trial based on evidence led by parties - But, as of now in no circumstances, it can be said that no prima facie case..........
