Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Violation of status quo order in relation to possession of suit premises amounted to civil contempt u/s 2(b) of the Act...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Merely saying that provisions of Rent Act are applicable and Civil suit could not be filed, is not a ground to give benefit to defendant - Defence rightly struck off...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of brother - Senior citizen/respondent is aged about 64 years and is handicapped - Petitioner who is her brother threatened to kill her - Respondent is owner of property as declared in suit for declaration filed by her - No decree for possession was passed..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession is maintainable...........
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 22, Rule 5 -- Legal Representatives - Enquiry U.O.22.R.5 CPC - Decision U.O.22.R.5 CPC is of summary in nature and findings therein cannot amount to res judicata between same parties and same is only directed to answer an orderly conduct of proceedings with a view to avoid delay in final decision of suit...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal Representatives - Enquiry U.O.22.R.5 CPC - Determination as to who is LR U.O.22.R.5 CPC Will be for limited purpose of representation of estate of deceased for adjudication of that case and will not confer any right to property on such person which is subject matter of suit vis-a-vis other rival claimants to estate of..........
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..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Suit was filed in the year 1992 and written statement was filed in 2017 along with counter claim due to which proceedings of suit has been delayed - Though the act of defendants is not appreciable, but since written statement has already been taken on record and suit has proceeded, Court below should have..........
