Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - At the appellate stage - Commissioner can be appointed at the appellate stage, as it would avoid probable remand of the matter...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - At the appellate stage - Appointment of Commissioner is necessary for measurement, existence of disputed portion and its accurate position and it will also facilitate to resolve controversy involved - Petitioners made sufficient attempts in trial Court - There is no legal impediment for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Neither plaintiff nor defendant had taken any step for appointment of advocate Commissioner with the help of Surveyor to inspect plaintiff's property to verify as to whether 2nd scheduled property lies within 1st scheduled property - That is primarily necessary for correct disposal..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - In coming to a decision whether there is sufficient ground for proceeding with complaint, Magistrate must take into consideration previous proceedings, if any...........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Injury inflicted simple in nature - However, as per complainant and his witnesses all 7 accused assaulted complainant with danda, lathi, kicks and fists - There is dispute and litigation between parties regarding pathway and drain which was allegedly obstructed by accused - Trial Court..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Allotment of plot - Petitioner is residing nearby areas which is sought to be allotted to plaintiff - There is road between the house of petitioner and the plot in question - Therefore, there is no question of any obstruction of ventilation and light in the house of petitioner - Moreover,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - While adjudicating a transfer petition initiated by wife in the context of a matrimonial dispute, Court must take into account a comprehensive array of following factors:- (a) Economic condition and earning capacity of parties, i.e. husband and wife; (b) Social standing of wife and her dependency on..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court to decide the appeal in accordance with mandatory procedure contained in O.41.R.31 CPC - Non compliance of it renders the judgment bad in law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Time barred suit - Reasons for delay in filing suit averred in plaint - Whether such reasons for delay in filing suit are correct/plausible or valid can only be decided after parties lead evidence - The same cannot be decided in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed through power of attorney - Suit whether maintainable in terms of law and whether power of attorney holder has a locus standi to prefer the suit - Cannot be decided in an application filed U.O.7.R.11 CPC...........
