Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money based on undertaking given by defendant - Defendant had undertaken to repay the monies received by it, if he is not successful in the litigation in United States - Having given such an undertaking, defendant is obliged to prosecute the suit to its logical conclusion - However, defendant did not..........
Civil Procedure Code, 1908, Section 92, Order 26, Rule 9 -- Suit u/s 92 CPC - Defendant seeking issuance of Commission before grant of leave u/s 92 CPC - It is not permissible to pass interlocutory orders in a suit u/s 92 CPC before leave to file suit is granted...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 8 -- Rejection of plaint - Suit for declaration that relinquishment deed is null and void - Grandson has no right in the suit property during life time of his father - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2016, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Plaintiff did not show any urgency as he had earlier filed a suit without seeking any urgent interim reliefs and then withdrew the same - Subsequently, he filed a suit along with an application for seeking ex..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 24 -- Property of senior citizen - Eviction of son - Mother was residing in suit property after demise of her husband - No material on record that mother has any other independent premises where she can otherwise stay - Son entered the premises visiting mother and later on refused to remove himself..........
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...........
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 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..........
