Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Registered sale agreement executed in favour of third party before institution of suit - Such transaction is not hit by S.52 of Transfer of Property Act - Held, such third party is necessary and proper party especially when his vendors are not contesting..........
Criminal Procedure Code, 1973, Section 24, Evidence Act, 1872, Section 115 -- Special public prosecutor - Appointment - Consultation - Held, whenever consultation is mandated by law, it necessarily involves two authorities - One, on whom a duty is cast to consult and other who has corresponding right(s) to be consulted - Grievance that there has been no consultation or..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Demolition notice by Municipality on the ground that building is unsafe - Tenant challenged the notice issued by Municipality - Applicant being landlord is proper as well as necessary party to the suit as his vital interest is also involved in the result of suit - Held, applicant rightly impleaded as..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - At a time, not more than one set of interrogatories to the same party be given - However, on justifiable reasons other set also can be delivered, subject to permission of Court - Permission has to be given liberally but care has to be taken that it is not misused...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories are for purpose of seeking admissions on facts and also in respect of documents which are disclosed or produced by other side - By putting questions to other party, these admissions are sought to destroy case of respondent - This helps a party to reduce length of cross-examination and to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Summoning order - Revision against - Revisionist personally did not have legally enforceable debt or liability towards complainant/opposite party No.2 - Facts of complaint do not disclose ingredients of offence u/s.138 of N.I. Act against revisionist -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 55, 57 -- Contraband - Delay of about two months in sending sample for chemical examination - Prosecution failed to give any explanation for withholding sample for such a long time - No genuine effort was made by police party to join any independent witness - Recovery was effected from scooter being driven..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - To claim interest on mesne profits which was not granted in the decree - Such decree cannot be sought to be amended by filing an application u/s 152 CPC as it is not a clerical mistake, accidental omission or arithmetical error - Only remedy available to aggrieved party is to file an appeal...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an application..........
