Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of divorce petition - Two other matrimonial cases pending in another Court - Divorce petition transferred to the place where two other cases are pending...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Cannot be issued directing respondent to register gift deed when order of attachment issued by a competent civil Court is in force - However, if petitioner wants to transfer property pending the suit, same can only be on the strength of an order passed by competent civil Court where said suit is pending..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Tenant seeking appointment of Local Commissioner in appeal - Appellate Court dismissed application by holding that there is sufficient evidence led by both the parties on record to adjudication upon the controversy - Nothing stated as to what prevented for not filing such application in the trial Court -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - Decree for specific performance - Petitioner claimed that he purchased the suit property under a registered sale deed for valid consideration from defendant no.5 - However, he purchased the suit property subsequent to registration of deed of sale in favour of DH while..........
Mutation -- Grant of mutation on the basis of Will - Challenged on the basis of gift deed - In appeal order of mutation was set aside and mutation was ordered to be granted on the basis of gift deed - This order was set aside in Revision - Civil suit for cancellation of gift deed and injunction pending before Civil Court - Order passed in mutation proceedings will be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Issue regarding jurisdiction has already been framed in pending suit and same is at the evidence stage - Court to decide the same along with other issues after conclusion of evidence by parties - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Transferee pendente lite - Suit property which is subject matter of suit has been gifted in favour of petitioner by means of registered sale deed - Transfer pendente lite neither illegal nor void ab initio but remains subservient to rights eventually determined by Court in pending litigation - Any judgment in..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet against accused filed within prescribed time limit and cognizance taken - Right of statutory bail to accused is not available on the ground that investigation qua other accused is pending...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of decree - Petitioner who embarks on the provision should establish that there exists fairly arguable questions to be decided in the pending suit...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Direction issued to mandatorily mention in the application filed for grant of bail the following details viz. : (1) Details and copies of order passed in the earlier bail application filed by petitioner which have been already decided; (2) Details of any bail application filed by petitioner, which is pending in any..........
