Civil Procedure Code, 1908, Section 11 -- Res judicata - Pleadings of an earlier suit is essential and was required to be furnished in order to ascertain fact as to whether suit suffers from doctrine of res judicata - In absence of proof of pleadings of earlier suit, question of res judicata cannot be accepted...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree of permanent injunction - DH not pleaded material particulars with regard to disobedience and dispossession in application U.21.R.32 CPC - Factum of dispossession as alleged by DH would remain on debatable note - Impugned order of allowing application U.O.21.R.32 CPC set..........
Civil Procedure Code, 1908, Section 11, 96, Jammu and Kashmir Arbitration and Conciliation Act, 1997, Section 9, 37 -- Res judicata - Official respondents after extending contract with respondent no.1 i.e. fertilizer manufacturing companies cancelled further contract - Court gave order for renewing the contract - No adjudication has taken place on the merits - Earlier..........
Criminal Procedure Code, 1973, Section 173, 190 -- Acceptance of negative final report and dismissal of protest petition - Dowry death case - Where Magistrate having regard to nature of allegations contained in protest petition and annexure which essentially consisted of affidavits is convinced on basis of consideration of final report, statements u/s 161 Cr.P.C that no..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have concurrently found plaintiffs..........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6, Himachal Pradesh Tenancy and Land Reforms Act, 1972 - - Permission to file suit as an indigent person - Plaintiff physically disabled person - Plaintiff entitled to relief of non payment of Court fee in terms of the provisions of Himachal Pradesh Legal Services Authority Act, 1987 - Held, when application is filed U.O.33..........
Criminal Procedure Code, 1973, Section 372, 378 -- Appeal against acquitted - Leave to appeal - There is no need for a victim to apply leave to appeal against order of acquittal while preferring an appeal u/s 372 Proviso Cr.P.C, as he has a right to file appeal against order of acquittal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of suit land - When there is a boundary dispute between parties, then it is in the interest of justice to appoint Local Commissioner for demarcation of land, because same facilitates Court in arriving at a just conclusion in order to dispense justice between parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of suit land - Encroachment by defendant - Boundary dispute between parties - Plaintiff earlier approached Revenue Authorities, but no action was taken by said authorities to carry out demarcation of land - He was not having any other option but to approach civil Court - Trial..........
