Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Applicant could not show irreparable loss that would be caused to him, if receiver is not appointed - Since there is no prima facie case in favour of applicant nor applicant makes out a case that property will be destroyed or there is any element of danger to property and application is filed after 9..........
Civil Procedure Code, 1908, Order 23, Rule 1(a) -- Transposition of defendant as plaintiff - Partition suit - In a suit for partition all plaintiffs and defendants are equally treated and they can contest as plaintiff and/or defendant - No error committed by Court below while allowing application - Order upheld...........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - While passing summoning order, Court taking cognizance of offence is required to take into consideration as to whether a prima facie case has been made out or not...........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - Summoning power to be exercised by Court after examining nature of allegations made in complaint and the evidence both oral and documentary in support thereof...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 384, 506 -- Quashing of FIR - Compromise - Rape - It is evident that complainant has solemnized marriage with petitioner no.1 - FIR itself shows that parties were in love with each other and it was subsequent on account of petitioner not having agreed for marriage that FIR came to be lodged -..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Provision of S.144 CPC applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - Doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Striking off an issue - Defendant relying upon two different Wills executed by same testator - Two issues framed as to validity of these two wills - Trial Court to adjudicate upon the same once the parties lead evidence on the issues so framed - Order rejecting application to strike off one issues, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Original Will permitted to be placed on record - However there is no discussion in impugned order as to why original Will was permitted to be placed on record, when testator of Will was alive and impleaded as defendant No.1 in main civil suit - This demonstrate that trial Court passed..........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgments, decree or orders - Power u/s 152 CPC is not power of review - Omission which is sought to be corrected if goes to merits of case is beyond the scope of S.152 CPC - It cannot modify, alter or add to terms of its original judgment, decree or order...........
Civil Procedure Code, 1908, Section 153 -- `Suit' - Term `suit' is comprehensive and encompasses proceedings in the Court of justice by a party for an action under law and proceedings for execution of the order of Court involving different modes of procedure under order 21 CPC...........
