Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issue of warrant to Commissioner - Measurement of property on basis of sale deeds of parties - Suit for declaration and recovery of possession - It is for plaintiff to prove his title in order to succeed in suit - If defendant had purchased a portion of property prior to plaintiff's purchase, he would be automatically..........
Civil Procedure Code, 1908, Section 151 -- Witness not present for cross examination - Court passed an order to eschew the chief evidence affidavit - Witness is an old man, aged about 69 years who was suffering from fever and jaundice - Medical certificate were produced in support of said fact - However, trial Court has not referred to any medical certificate produced by..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Allegation of favoritism by Presiding Officer, as he is giving shorts dates in the matter - However, it is the plaintiff who already obtained an interim injunction order intends to linger on matter - Moreover, being a civil matter, there is no merit in the contention of plaintiff that he is being compelled to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 11, Criminal Procedure Code, 1973, Section 421 -- Enforcement of maintenance order - Warrant for levy of fine - Despite execution of warrant issued on application that is to be filed within 3 months of amount becoming due, if amount is not paid, law contemplates a breach for non-payment of each..........
Criminal Procedure Code, 1973, Section 82, 482 -- Proclaimed offender - Mandatory provisions of S.82 of the Code not complied with - Impugned order and proceedings subsequent thereto quashed...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Additional evidence admitted without proof by appellate Court - Lower Appellate Court thus, failed to follow the procedure contemplated U.O.41.R.28 CPC while admitting additional evidence - Court failed to give opportunity to appellant to contest admissibility and relevancy of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order of status quo cannot be passed when no prima facie case is made out by plaintiff - However, any action/step taken by defendant in respect of suit property will be subject to the outcome of suit pending before trial Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - So long as interim order of status quo remains in operation and is not specifically vacated or varied or modified, it is bounden duty of trial Court to ensure that its order is implemented in letter and spirit and if need be, police agency can be called upon to do so...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - Till Court takes a decision with regard to maintainability of suit or with regard to sustainability of order of status quo, parties shall abide by interim order of status quo and SHO shall ensure that none of the parties violates the order of status quo...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of status quo - Police aid - While deciding such application, Court touching upon merits of suit - Trial Court exceeded its jurisdiction, rather exercised jurisdiction not vested in it by touching upon merits of suit while deciding application seeking implementation of its order - Impugned order set aside...........
