Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while exercising power O.7.R.11 CPC, is required to peruse only the plaint and documents filed therewith, to reach a conclusion as to whether plaint deserves to be rejected on any of the grounds provided U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by S.12-A of Commercial Courts Act - On the basis of pleadings in the plaint, documents filed therewith, as also on the basis of pleadings in the application for interim reliefs, plaintiff has indeed made out enough grounds to demonstrate that it does contemplate urgent interim reliefs - Plaint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land unless it is shown that such an act would constitute prejudice and mere raising of construction does not amount to any prejudice - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appointment of receiver - Injunction has already been granted - Appointment of Court receiver may not be correct order considering narrow dispute between parties - It would be appropriate to direct trial Court to determine the suit proceedings as expeditiously as possible - Moreover, there is a title document in respect of..........
Practice and Procedure -- Plaintiff has to prove his case by standing on his own legs and he cannot take advantage of any lacunae in the evidence of defendant to establish his case...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant though claimed that he was not served at the correct address, however in execution proceedings on the same very address, he received summons and put in appearance through his counsel - Application U.O.9.R.13 CPC filed after delay of more than a year and no explanation was given for..........
Criminal Procedure Code, 1973, Section 188, Indian Penal Code, 1860, Section 498A -- Sanction u/s 188 Cr.P.C - Offence u/s 498-A IPC committed outside India - Matter definitely would come within ambit of S.188 Cr.P.C - Proceedings without obtaining prior sanction as contemplated u/s 188 Cr.P.C is thus, vitiated...........
Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Question involved in suit pertains to possession and does not relate to dispute involving title - Plaintiff proved his possession, supported by documentary evidence in the form of revenue records - In case defendant has any right over subject properties, he can claim possession from plaintiffs, only by..........
