Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Impugned order amounting to virtual decreeing the suit - Order set aside - Both the parties to maintain status quo regarding the mine in question till the final disposal of suit...........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Hindu Female acquired absolute interest in property of her previous husband on the enforcement of Hindu Succession Act as per S.14(1) of the Act - Mere fact that she had solemnized customary marriage with one `D' in the year 1958, does not have any effect on the rights of Hindu Female and cannot take..........
Right of pre-emption -- Plaintiffs filed suit for possession by way of pre-emption claiming superior rights of tenancy over the land under defendant no.2 - However, plaintiff failed to discharge the burden of proof of tenancy - It was the plaintiffs who were to prove their case by way of leading cogent evidence, instead of relying upon weaknesses of defendant - Suit..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Wife filed suit for dissolution of marriage - Husband by filing counter claim claimed divorce on ground of cruelty and desertion - Counter claim filed subsequent to filing of written statement - Issues were not yet framed - Under S.23-A of Hindu Marriage Act, husband had statutory right to file counter claim -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Property in question is till date a joint property - Plaintiff is co-sharer and there being a prima facie case having been made out and also having balance of convenience and inconvenience in his favour - Order of status quo thus, passed in respect of suit land in respect of parties..........
Civil Procedure Code, 1908, Section 96 -- Composite single appeal - Dismissal of suit and decreeing counter claim - When both the civil suit and counter-claim was decreed by a common judgment, regardless of whether a separate decree has been prepared in the counter claim, both would be required to be challenged by separate appeals - Composite single appeal dismissed being..........
Civil Procedure Code, 1908, Section 151 -- Amalgamation of two suits or two suits be tried together - One suit is at the stage of final arguments and other suit is pending at the stage of evidence of defendants - Both the suits be tried by the same Court without amalgamation - Suit pending at the stage of final arguments be decided preferably within a month from the date..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Defendant produced a document indicating that amounts have been paid to plaintiff - Moreover, defendant contended that he was suffering from dengue though treating doctor has not been examined - Adequate opportunity ought to be provided to defendant to make available..........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - Son of petitioner was missing in the year 2005 - Since then whereabouts are not known - It is thus, left open for petitioner to file civil suit in terms of S.108 of the Act and S.34 of Specific Relief Act and obtain necessary orders from the competent civil Court in accordance with law...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - When plaintiff passes away and if any particular legal heir is omitted from being brought on record by other legal heirs, carriage of suit by some of heirs would not be rendered bad as excluded legal heir can always file independent application to be brought on record as legal heir..........
