Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Withdrawal or abandoning of suit by plaintiff - A pro forma defendant, who has a substantial question to be decided against co-defendant, is entitled to seek his transposition as plaintiff for determination of such a question against said..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Withdrawal or abandoning of suit by plaintiff - Transposition of defendant as plaintiff - Court can allow transposition for effectual and comprehensive adjudication of all the matters in controversy in the suit, only when defendant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of memo of parties - Suit filed in the name of Director followed by name of Private Limited Company - Suit should have been filed by Private Limited Company through its Director - It is a mistake of counsel, may be on account of lack of understanding as to how a Private Limited Company is to..........
Temple -- Public or private - Determination - No evidence adduced to show that temple belonged to one family and there is blood relationship between successive pujaris - Pujaris continuing according to Guru-shisya tradition of Naga babas - When pujariship is not hereditary, as rightly held by High Court, Temple in question cannot be held to be a private temple - Even..........
Temple -- Public or private - Determination - Inam rights conferred on Mandir not on pujaris - Even documents on record shows that Mandir is recorded as `Bhumiswami' for suit property and names of specific individuals are recorded only as pujaris - Contention of plaintiff that they become Mahant of temple and entitled to manage the affairs of temple as its properties..........
Hindu Minority and Guardianship Act, 1956, Section 8(3), Limitation Act, 1963, Article 60 -- Minors property - Sale in contravention of S.8(3) of Act of 1956 - Alienation made on behalf of minor can be avoided by minor or any person claiming under him by filing a suit - Suit to be filed within three years of attaining majority of minor or within three years of death if..........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration and possession - Without seeking prayer for setting aside sale deeds in question not maintainable, where sale deeds in question were executed by father on himself or on behalf of his minor son without obtaining permission of Court, as alienation is voidable at the instance of minor or on his behalf were..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought when trial of suit was almost over and case was fixed for final arguments - It was wholly belated - Moreover, suit could still be decided even without there being any necessity to seek any amendment in plaint - Amendment of plaint was not really required for determination of issues in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Granted by Bombay Civil Court and said injunction was confirmed by High Court while dismissing appeal from order - Interim injunction continued for last more than 5 years - No reason to interfere in the matter - Bombay Civil Court directed to dispose of the suit as expeditiously as possible...........
Air (Prevention and Control of Pollution) Act, 1981, Section 31B, Water (Prevention and Control of Pollution) Act, 1974, Section 33B, National Green Tribunal Act, 2010, Section 16 -- Pollution - Direction for closure of unit - Appeal - Direction issued to company neither to resume production without obtaining prior renewal from Pollution Control Board nor to connect power..........
