Civil Procedure Code, 1908 -- Withdrawal of suit at second appellate stage - Suit for injunction restraining defendants from establishing and running flour mills and restraining them from disturbing plaintiff's exclusive user of pathway - Trial Court decreed suit - Appellate Court modified decree holding that plaintiff had no exclusive right over pathway and it was common..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Disappearance of three persons - Allegation against police officials - High Court giving direction to State Government to give sanction for prosecuting alleged delinquent officials and further direction to pay a sum of Rs.2 lakhs to wife and children of disappeared persons by way of..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Suit through next friend - Suit is deemed to be instituted on the day the Court grants permission to next friend to sue and orders notices thereon - Plaintiff died by the time Court granted permission - Court has no jurisdiction to entertain suit filed by next friend on behalf of a dead person - Suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Facts on the basis of which amendment sought occurred before the filing of the suit - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 99, 103 -- Execution - Objections by stranger - A person in possession has a right to obstruct execution of warrant of possession if he was not a party to the decree - R.97(1) is comprehensive enough to include judgment debtor and any person claiming through him and even person claiming independently, may be even..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Supply of goods on credit basis - Suit for recovery of money - Suit is not covered under Order 37 CPC as suit is neither based upon bills of exchange, promissory notes and hundies nor the amount sought to be recovered is on a written contract or enactment where the amount sought to be recovered is a fixed amount of money or..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money on account of non - payment for goods supplied on the basis of order slips issued by officials of defendants and delivered on challan on credit basis and bills issued, payments of items to be made within a week of delivery - Suit an ordinary suit for recovery - Not a suit under Order 37 Rule 1...........
Civil Procedure Code, 1908, Section 148 -- Decree for specific performance - Last date for deposit of balance sale consideration was 6.9.1977 - 5/9 was declared a holiday and 6 & 7 being Saturday and Sunday were again general holidays - On 8/9 application filed for extension of period - Application rejected holding that he should not have waited till last date - Held, when..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Failure to file - Suit against Government - Inspite of repeated adjournments written statement not filed - Total callousness on part of Government - Resultant denial of legitimate relief to plaintiff - Trial Court still giving time to file written statement - Before Supreme Court also no counter filed -..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 326 -- Compounding of offence - Held, offence u/s.326 IPC is not compoundable - Application for compounding of offence liable to be rejected - However, in view of facts that occurrence took place about twenty years back on trivial issue and parties who are close relatives are now living amicably,..........
