Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of defendant no.4 - Witness of defendant no.4 was present for cross-examination on two occasions - But on both the occasions witness of defendant no.4 not cross-examined by Counsel for plaintiff - Witness of defendant no.4 did not appear on one date on which his evidence was closed by Court - Evidence..........
Civil Procedure Code, 1908, Order 4A -- (as in U.P) - Consolidation of suits - Interconnecting interests in relation to three subject matter of suits in question - For an effective and expeditious disposal of suit and in order to avoid a contradiction in finding to be recorded by Court below, with regard to interest of parties to suit, same deserves to be consolidated and..........
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...........
