CIVIL COURT CASES

judgments of S.C. & All the High Courts of India

IMPORTANT DECISIONS

Admission in a criminal case - Admitted when confronted - Admissible in evidence.

2010(1) Civil Court Cases 305 (S.C.)

Declaration - Limitation - Cause of action does not accrue on an adverse entry in

revenue record but accrues when right is infringed or there is clear and unequivocal
threat to infringe that right. 2010(1) Civil Court Cases 290 (S.C.)

Dishonour of cheque - Notice issued and duly served - No action taken on non
payment - Notice issued for the second time - Complaint filed on the basis of second
notice - Held, beyond limitation. 2010(1) Civil Court Cases 378 (S.C.)

Eviction petition - A person coming on the basis of Will has to be impleaded as a

party alongwith natural heirs without deciding the genuineness of Will - Decree will
be subject to probate in his favour - In the event Will is found to be genuine and
probate is granted, then he will exclude the claim of the natural heirs and legal
representatives of the deceased plaintiff. 2010(1) Civil Court Cases 358 (S.C.)

Exemplary costs - Payable to respondent when he has entered appearance - Payable

to Legal Services Authority only when respondent has not entered appearance.
2010(1) Civil Court Cases 413 (S.C.)

Family arrangement - A Deed of Family Settlement seeking to partition joint family

properties cannot be relied upon unless signed by all the co-sharers - However, a party
when takes advantage of it cannot contend that deed of family settlement is invalid.
2010(1) Civil Court Cases 366 (S.C.)

Impleading of legal representatives - Determination of question as to who is the legal

representative is only for the purposes of bringing legal representatives on record.
2010(1) Civil Court Cases 358 (S.C.)

Jurisdiction of civil Court - Barred under a statute - Even then civil Court has
jurisdiction when the statutory authority or Tribunal acts without jurisdiction. 2010(1)
Civil Court Cases 545 (S.C.)

Last day of limitation falling on a Sunday or a holiday - It shall be considered to have

been done within limitation if it is done on the next day on which the Court or office
opens. 2010(1) Civil Court Cases 458 (S.C.)
 Oral agreement to sell - Ad interim injunction granted restraining defendant from
alienating or encumbering the suit property. 2010(1) Civil Court Cases 312 (S.C.)

Plaint - Amendment - Commencement of trial - O.6.R.17 Proviso CPC must be

understood in the limited sense as meaning the final hearing of the suit, examination
of witnesses, filing of documents and addressing of arguments. 2010(1) Civil Court
Cases 446 (S.C.)

Rent & Eviction - Landlord can seek eviction of a tenant from non residential
building on ground of personal necessity. 2010(1) Civil Court Cases 316 (S.C.)

Sale - Non existence of independent passage to the unit - Non disclosure to buyer -
Earnest money ordered to be refunded to the buyer with interest. 2010(1) Civil Court
Cases 399 (S.C.)

Written statement - Amendment - Admission - Can be explained by amendment even

by taking inconsistent pleas or substituting or altering defence. 2010(1) Civil Court
Cases 446 (S.C.)

Affidavit - Defects in verification - Court can permit it to be corrected. 2010(1) Civil

Court Cases 362 (Bombay)

Appeal - Cross objections filed in an appeal is not maintainable when appeal is

rejected for non payment of balance court fee. 2010(1) Civil Court Cases 454 (Kerala)
(DB)

Defendant - can cross examine co-defendant only when interest of co-defendant is

adverse to the interest of defendant. 2010(1) Civil Court Cases 501 (Allahabad) (DB)

Dishonour of cheque - Insufficient funds - Funds can be checked online at the bank
branch where it was presented and cheque need not to be sent to the bank branch from
where it was issued. 2010(1) Civil Court Cases 443 (Gujarat)

Dishonour of cheque - Signed on face and back - Cheque intended to be used as a

'self cheque' and not issued by accused to any other person - Cheque was not
delivered to the complainant by accused so as draw presumption u/s 139 of the Act.
2010(1) Civil Court Cases 344 (Karnataka)

Eviction petition - Bonafide requirement - Landlord not appearing as his own witness
- Statement of power of attorney examined on his behalf can be treated as statement
of the witness and not the statement of the party himself - Adverse inference is to be
drawn against the landlord for not appearing in the witness box. 2010(1) Civil Court
Cases 450 (P&H)

Impleading of L.R's - No limitation to implead in P&H. 2010(1) Civil Court Cases

440 (P&H)

Res judicata - Applies to co-defendants when an issue was decided in between co-
defendants and not when an issue was decided between plaintiff and some of the
defendants. 2010(1) Civil Court Cases 324 (Bombay)
 Specific performance - Description of property - Different in plaint and agreement -
Agreement void for uncertainty of property. 2010(1) Civil Court Cases 382
(Allahabad)

Suit dismissed as withdrawn on the basis of compromise between the parties -

Compromise broken - Subsequent suit - Not barred U.O.23.R.1(d) CPC. 2010(1) Civil
Court Cases 525 (P&H)

SUBJECT INDEX

Age

Age - Proof - Certificate issued by Municipal Council on the basis of record which
was maintained by its predecessor the Gram Panchayat - Certificate issued by
Municipal Council cannot be discarded on the ground that employee's birth took place
prior to constitution of municipal council. 2010(1) Civil Court Cases 301 (S.C.)

Agreement to sell

Agreement to sell - Specific performance - Description of property - Different in

plaint and agreement - Agreement void for uncertainty of property - Decree of
specific performance cannot be passed if an agreement is void. (Specific Relief Act,
1963, S.20, Contract Act, 1872, S.29). 2010(1) Civil Court Cases 382 (Allahabad)

Agreement to sell - Suit for specific performance - Agreement of sale can be

enforced only with respect to the property contracted to be sold. 2010(1) Civil Court
Cases 382 (Allahabad)

Agreement to sell - Suit for specific performance - Specific clause in agreement that
on refusal of vendor he will refund double the amount of advance and on refusal of
vendee he will forfeit the amount of advance - Intention of parties to perform contract
clear inspite of penal cause in the agreement which was meant only to secure
performance - Decree of specific performance, upheld. 2010(1) Civil Court Cases 567
(Rajasthan) (DB)

Civil Procedure Code, 1908

Civil Procedure Code, 1908, S.9 - Dispute between employer and employee -
Jurisdiction of civil Court - Civil Court has jurisdiction when employee enforces his
rights under a statutory Regulation - If, however, he claims his right and
corresponding obligations only in terms of the provisions of the Industrial Disputes
Act or the sister laws so called, the civil court will have none. 2010(1) Civil Court
Cases 545 (S.C.)

Civil Procedure Code, 1908, S.9 - Dispute between employer and employee -
Jurisdiction of civil Court - Dispute may be in relation to or arising out of a
fundamental right of the employee, or his right under a Parliamentary Act and the
Regulations framed thereunder, and/or a right arising under the provisions of the
Industrial Disputes Act or the sister laws and may relate to same or similar rights or
different rights, or even may be based on common law right or contractual right - The
question in regard to the jurisdiction of the civil court must, therefore, be addressed
having regard to the fact as to which rights or obligations are sought to be enforced
for the purpose of invoking or excluding the jurisdiction of a civil court. 2010(1) Civil
Court Cases 545 (S.C.)

Civil Procedure Code, 1908, S.9 - Jurisdiction of civil Court - Barred under a statute -
Even then civil Court has jurisdiction when the statutory authority or Tribunal acts
without jurisdiction. 2010(1) Civil Court Cases 545 (S.C.)

Civil Procedure Code, 1908, S.9 - Jurisdiction of civil Court - Civil court, a court of
plenary jurisdiction has the jurisdiction to determine its jurisdiction upon considering
the averments made in the plaint - However, plaintiff cannot circumvent the
provisions of law in order to invest jurisdiction on the civil court although it otherwise
may not possess. 2010(1) Civil Court Cases 545 (S.C.)

Civil Procedure Code, 1908, S.9 - Jurisdiction of civil Court - Civil courts can try all
suits, unless bared by statute, either expressly or by necessary implication. 2010(1)
Civil Court Cases 545 (S.C.)

Civil Procedure Code, 1908, S.9 - Termination of service - Without conducting

enquiry - It is violation of statutory Regulation as also the right of equality as
contained in Article 14 of the Constitution of India - In such a situation, civil suit is
maintainable for the purpose of declaration that the termination of service was illegal
and the consequences flowing therefrom - However, if suit is filed alleging violation
of a right by a workman and a corresponding obligation on the part of the employer
under the Industrial Disputes Act or the Certified Standing Orders, a civil suit may not
lie. 2010(1) Civil Court Cases 545 (S.C.)

Civil Procedure Code, 1908, S.9, Punjab Village Common Lands (Regulation) Act,
1961, S.13 - Suit for permanent injunction restraining Gram Panchayat from
interfering in peaceful possession of plaintiff - Plaintiff in established possession and
also constructed a house in the suit property - Title not to be decided in a suit for
permanent injunction - Jurisdiction of civil Court not barred - Decree passed by trial
Court restored. 2010(1) Civil Court Cases 406 (P&H)

Civil Procedure Code, 1908, S.11 - Res judicata - Applicability of the principle of res
judicata does not depend on the reasons on which the finding is based. 2010(1) Civil
Court Cases 480 (S.C.)

Civil Procedure Code, 1908, S.11 - Res judicata - Co-defendants - Principle of res
judicata applies when an issue was decided in between the co-defendants but does not
apply when an issue was decided between plaintiff and some of the defendants.
2010(1) Civil Court Cases 324 (Bombay)

Civil Procedure Code, 1908, S.11 - Res judicata - Decision if based on more than one
point each of which by itself is sufficient for the ultimate decision - The decision on
each of these points operates as res judicata between the parties. 2010(1) Civil Court
Cases 480 (S.C.)

Civil Procedure Code, 1908, S.11 - Res judicata - Principles governing are : (a) no
man should be vexed twice for the same cause; (b) it is in the interest of the State that
there should be an end to a litigation; and (c) a judicial decision must be accepted as
correct. 2010(1) Civil Court Cases 480 (S.C.)

Civil Procedure Code, 1908, S.11 - Res judicata - Question of title may arise even in
a suit for injunction relating to possession. 2010(1) Civil Court Cases 480 (S.C.)

Civil Procedure Code, 1908, S.24 - Transfer of case - Sought from Chennai to
Bangalore - Plea that it is inconvenient for her to look after the case at Chennai
because she is working at Bangalore and has a small child - Husband unemployed -
Wife directed to pay Rs.10,000/- to husband as travelling expenses. 2010(1) Civil
Court Cases 500 (S.C.)

Civil Procedure Code, 1908, Ss.35, 35-A, 35-B - Exemplary costs - Levy of
exemplary costs on ordinary litigants, as punishment for merely approaching courts
and securing an interim order, when there was no fraud, misrepresentation or
suppression is unwarranted. 2010(1) Civil Court Cases 413 (S.C.)

Civil Procedure Code, 1908, Ss.35, 35-A, 35-B - Exemplary costs - Payable to
respondent when he has entered appearance - Payable to Legal Services Authority
only when respondent has not entered appearance. 2010(1) Civil Court Cases 413
(S.C.)

Civil Procedure Code, 1908, Ss.35, 35-A, 35-B - Exemplary costs - To be levied
when claim is found to be false or vexatious or where a party is found to be guilty of
misrepresentation, fraud or suppression of facts. 2010(1) Civil Court Cases 413 (S.C.)

Civil Procedure Code, 1908, S.60(1)(c) - Execution - Exemption from attachment in

execution of a decree is to be seen at the time of execution of decree that J.D. is an
agriculturist, labourer or domestic servant - Attachment of property during trial is
immaterial if that party is then qualified u/s 60(1)(c) CPC. 2010(1) Civil Court Cases
390 (Kerala)

Civil Procedure Code, 1908, S.60(1)(c) - Execution - Exemption - House of

agriculturist - Exemption of attachment of house of an agriculturist cannot be defeated
by waiver of such right by party entitled to it or by his failure to produce material to
substantiate the claim if Court finds that he is entitled to the exemption - Denial of
such right is opposed to public policy. 2010(1) Civil Court Cases 390 (Kerala)

Civil Procedure Code, 1908, S.60(1)(c) - Execution - House of agriculturist -

Exemption from attachment - House jointly owned by J.D. and others - Does not
disentitle him from getting exemption for his house if he proves that house belongs to
him, is in his occupation and he is an agriculturist, labourer or domestic servant
entitled for such exemption. 2010(1) Civil Court Cases 390 (Kerala)
 Civil Procedure Code, 1908, S.100 - Second appeal - Before entertaining second
appeal, High Court has to satisfy that the case involves a substantial question of law -
Memorandum of appeal should state the substantial question of law involved in the
second appeal - High Court should then formulate the said question for consideration
and to decide the same one way or the other. 2010(1) Civil Court Cases 518 (S.C.)

Civil Procedure Code, 1908, S.100 - Second appeal - Substantial question of law -
Mere reference to the grounds as stated in the memorandum of second appeal do not
satisfy the mandate prescribed in S.100 CPC - In order to fulfill the conditions
mentioned in S.100 if the High Court is satisfied that the substantial question of law is
involved, it is to formulate that question, then hear the second appeal on the question
so formulated - In the event of formulating such question it is the duty of the Court to
permit the respondent to argue that the case does not involve any such question.
2010(1) Civil Court Cases 518 (S.C.)

Civil Procedure Code, 1908, S.100 - Second appeal - Substantial question of law -
Question whether testimony of a scribe can be treated as testimony of an attesting
witness for proving execution of a Will - Held, it is a substantial question of law.
2010(1) Civil Court Cases 560 (S.C.)

Civil Procedure Code, 1908, S.151 - Consolidation of suits - Court by exercise of its
inherent power can order consolidation of suits - Consolidation of suits may be
directed in order to avoid conflicting judgments and to save valuable time, energy and
money by clubbing the cases involving common question together. 2010(1) Civil
Court Cases 509 (M.P) (DB)

Civil Procedure Code, 1908, S.151 - Consolidation of suits - Evidence recorded in

one suit prior to consolidation cannot be utilized in the other suit except with express
consent of parties. 2010(1) Civil Court Cases 509 (M.P) (DB)

Civil Procedure Code, 1908, O.6.R.17 - Proviso - Amendment - Commencement of

trial - Issues not framed, document not filed and evidence not adduced - Held, proviso
to O.6.R.17 is not applicable as the trial has not yet commenced. 2010(1) Civil Court
Cases 446 (S.C.)

Civil Procedure Code, 1908, O.6.R.17 - Proviso - Commencement of trial - Proviso

must be understood in the limited sense as meaning the final hearing of the suit,
examination of witnesses, filing of documents and addressing of arguments. 2010(1)
Civil Court Cases 446 (S.C.)

Civil Procedure Code, 1908, O.6.R.17 - Written statement - Amendment at appellate

stage - Fact within knowledge at the stage of pendency of suit in the trial Court -
Cannot be introduced by way of amendment during pendency of appeal. 2010(1) Civil
Court Cases 415 (Allahabad)

Civil Procedure Code, 1908, O.6.R.17 - Written statement - Amendment sought at

appellate stage - Fact sought to be introduced by way of Will was within knowledge
at the stage of pendency of suit in the trial Court - A new story by way of defence
sought to be introduced in order to prolong the disposal of appeal - Application
dismissed. 2010(1) Civil Court Cases 496 (S.C.)
 Civil Procedure Code, 1908, O.6.R.17 - Written statement - Amendment - Admission
- Can be explained by amendment even by taking inconsistent pleas or substituting or
altering defence. 2010(1) Civil Court Cases 446 (S.C.)

Civil Procedure Code, 1908, O.6.R.17 - Written statement - Amendment -

Amendment of plaint and amendment of written statement are not governed by
exactly the same principle - Adding a new ground of defence or substituting or
altering a defence does not raise the same problem as adding, altering, substituting a
new cause of action. 2010(1) Civil Court Cases 446 (S.C.)

Civil Procedure Code, 1908, O.6.R.17 - Written statement - Amendment - Courts are
more liberal in allowing an amendment of a written statement than that of a plaint -
Addition of a new ground of defence or substituting or altering a defence or taking
inconsistent pleas in the written statement can also be allowed. 2010(1) Civil Court
Cases 446 (S.C.)

Civil Procedure Code, 1908, O.6.R.17, O.8.R.9 - Amendment of pleadings and

subsequent pleadings - Amendment of pleadings when allowed relates back to the
date of filing of the original thereof unless contrary intention is expressed by Court -
However, subsequent peltings stand on different footings. 2010(1) Civil Court Cases
530 (S.C.)

Civil Procedure Code, 1908, O.7.R.11 - Rejection of plaint - Suit property relating to
Wakf - Suit triable by Tribunal created under Wakf Act - Civil Court has no
jurisdiction - Suit dismissed. 2010(1) Civil Court Cases 372 (Rajasthan)

Civil Procedure Code, 1908, O.8.R.6-A - Counter claim - Can be set up before or at
the time of filing of written statement or at a later stage with leave of Court - Order
allowing counter claim filed after filing written statement and without leave of Court,
set aside - All proceedings, including interim injunction, on the basis of counter claim
also set aside. 2010(1) Civil Court Cases 409 (Gujarat)

Civil Procedure Code, 1908, O.8.R.9 - Additional written statement - Sought to be

filed after examination of P.W.1 with regard to a Will not mentioned in written
statement - Not to be granted at such a belated stage. 2010(1) Civil Court Cases 530
(S.C.)

Civil Procedure Code, 1908, O.9.R.13 - Exparte decree - Set aside at the instance of
some of the defendants - Benefit enures to other defendants only when decree is one
and indivisible. 2010(1) Civil Court Cases 322 (Kerala)

Civil Procedure Code, 1908, O.11.R.21 - Failure to answer interrogatories - Striking

out defence - Defence of a party, on failure to answer interrogatories, can be struck
out only when Court comes to a conclusion that there is wilful and deliberate
disobeyance of the order of the Court which warrants striking of his defence. 2010(1)
Civil Court Cases 399 (Kerala)
 Civil Procedure Code, 1908, O.12.R.1, Evidence Act, 1872, S.17 - Admission -
Decree on the basis of admission can only be passed if it is clear and categorical
admission. 2010(1) Civil Court Cases 522 (P&H)

Civil Procedure Code, 1908, O.14.R.1, S.115 - Issues - Recasting of an issue -

Application rejected - No prejudice caused to any of the party - Order does not
amount to case decided - Revision dismissed. 2010(1) Civil Court Cases 340
(Allahabad)

Civil Procedure Code, 1908, O.18.R.4 - Affidavit in lieu of examination-in-chief -

Neither signed nor affirmed - In the examination on oath affidavit shown to the
witness who stated that the contents thereof were true and correct - Held, the defects
in the affidavit stand cured - Such affidavit can only be treated as an evidence only
after the examination of the witness on oath and witness deposes that the contents of
the affidavit are true and correct. 2010(1) Civil Court Cases 362 (Bombay)

Civil Procedure Code, 1908, O.18.R.4(2) - Word 'shall' in O.18.R.4(2) CPC has to be
construed as 'may' - Use of the word "shall" is mandatory only to the extent that the
cross examination of a witness whose affidavit has been taken on record in lieu of the
examination in chief has to be taken, but whether it would be taken before the Court
or before the Commissioner appointed by it is a matter of discretion of the Court.
2010(1) Civil Court Cases 425 (Bombay) (FB)

Civil Procedure Code, 1908, O.18.R.4, S.151 - Affidavit in lieu of examination-in-

chief - Neither signed nor affirmed - Court by exercising inherent power can allow the
defect to be cured by permitting the affirmation to be made subsequently. 2010(1)
Civil Court Cases 362 (Bombay)

Civil Procedure Code, 1908, O.19.R.3, O.18.R.4, S.153 - Affidavit - Defects in

verification - Court can permit it to be corrected. 2010(1) Civil Court Cases 362
(Bombay)

Civil Procedure Code, 1908, O.21.R.97 - Execution - Any person can resist or
obstruct the execution of a decree of possession of the property by moving an
application before the Court concerned, which shall be adjudicated upon in
accordance with law. 2010(1) Civil Court Cases 574 (Allahabad)

Civil Procedure Code, 1908, O.21.R.97 - Execution - Resistance or obstruction -

Application U.O.21.R.97 CPC - To be decided on merits - Rejection of application
only on the ground that since objector has been party through his predecessor, hence
has no right to resist his dispossession at this stage - Unsustainable - Quashed -
Execution Court to decide application on merits and pass a fresh order. 2010(1) Civil
Court Cases 574 (Allahabad)

Civil Procedure Code, 1908, O.22.Rr.3 & 4 (As in P&H) - Impleading of L.R's - As
per amendment of O.22.Rr.3, 4 by Punjab & Haryana High Court, there is no
limitation for bringing on record the legal representatives - Question of abatement of
suit does not arise - Legal representatives can be brought on record at any time.
2010(1) Civil Court Cases 440 (P&H)
 Civil Procedure Code, 1908, O.22.R.4, Limitation Act, 1963, S.21 - Suit filed against
a dead person - One of the legal representatives already on record - Omission to
impleaded L.R's of deceased defendant a bona fide mistake - Impleadment of L.R's
subsequently relates back to date of filing of suit in view of proviso to sub-section (1)
of S.21 of Limitation Act. 2010(1) Civil Court Cases 505 (A.P.)

Civil Procedure Code, 1908, O.22.R.4 - Suit filed against a dead person - One of the
legal representatives already on record - Suit is not void ab initio. 2010(1) Civil Court
Cases 505 (A.P.)

Civil Procedure Code, 1908, O.22.R.5 - Eviction petition - Impleading L.R's of

deceased landlord - A person coming on the basis of Will has to be impleaded as a
party alongwith natural heirs without deciding the genuineness of Will - In case an
eviction order is passed the same will be subject to grant of probate in his favour - In
the event Will is found to be genuine and probate is granted, then he will exclude the
claim of the natural heirs and legal representatives of the deceased plaintiff. 2010(1)
Civil Court Cases 358 (S.C.)

Civil Procedure Code, 1908, O.22.R.5, S.11 - Impleading of legal representatives -

Determination of question as to who is the legal representative is only for the
purposes of bringing legal representatives on record for the conducting of those legal
proceedings only and does not operate as res judicata and the inter se dispute between
the rival legal representatives has to be independently tried and decided in probate
proceedings. 2010(1) Civil Court Cases 358 (S.C.)

Civil Procedure Code, 1908, O.22.R.5, S.11 - Impleading of L.R's - The decision as
to who is the legal representative is limited for the purposes of carrying on the suit -
Does not confer nay right to heirship or to the property - Such decision does not
operate as res judicata in a subsequent suit. 2010(1) Civil Court Cases 493
(Allahabad)

Civil Procedure Code, 1908, O.23.R.1 - Compromise decree - Cannot be challenged

by way of separate suit - Remedy is to move to the same court - Separate suit to
challenge compromise decree is barred. 2010(1) Civil Court Cases 394 (P&H)

Civil Procedure Code, 1908, O.23.R.1, Hindu Marriage Act, 1955, S.13 - Divorce
petition - Dismissed as withdrawn on the basis of compromise between the parties -
Compromise broken - Subsequent divorce petition - Not barred U.O.23.R.1(d) CPC.
2010(1) Civil Court Cases 525 (P&H)

Civil Procedure Code, 1908, O.26.R.9 - Local Commissioner - Application dismissed

- Revision petition thereagainst under Article 227 Constitution of India - Held,
revision petition is not maintainable against the order, whereby an application for
appointment of Local Commissioner is dismissed. 2010(1) Civil Court Cases 341
(P&H)

Civil Procedure Code, 1908, O.29.R.1 - Suit by Company filed by one of the
Directors who was authorised to file suit under Articles of Association - Suit is
maintainable - Order dismissing suit set aside. 2010(1) Civil Court Cases 463
(Rajasthan)

Civil Procedure Code, 1908, O.30.Rr.4, 10 - A firm and a HUF - Distinction - In a

suit instituted by a firm even if one partner dies, it is not necessary to implead his
L.R's as other partner(s) continue to represent the firm - In case of HUF, if Karta dies
during pendency of suit or appeal the successor Karta has to apply for bringing him
on record. 2010(1) Civil Court Cases 477 (Bombay)

Civil Procedure Code, 1908, O.39.Rr.1, 2 - Ad interim injunction - Oral agreement to

sell - Suit for specific performance - Injunction to restrain defendants from changing
the nature of suit property - Injunction granted restraining defendants from alienating
or encumbering the suit property or changing the nature and character thereof till the
disposal of the suit for specific performance - Suit to be decided as early as possible
but positively within one year. 2010(1) Civil Court Cases 312 (S.C.)

Civil Procedure Code, 1908, O.39.Rr.1, 2 - Temporary injunction - Besides basic

elements, Court has also to take into consideration the conduct of the parties for grant
of injunction. 2010(1) Civil Court Cases 366 (S.C.)

Civil Procedure Code, 1908, O.39.Rr.1, 2 - Temporary injunction - If permanent

injunction cannot be issued, then temporary injunction can also not be issued. 2010(1)
Civil Court Cases 408 (Allahabad)

Civil Procedure Code, 1908, O.39.Rr.1, 2 - Ad interim injunction - Oral agreement to

sell - Suit for specific performance - Suit property sold during pendency of suit -
Vendees impleaded party to the suit - Restraining such vendees from changing the
nature of suit - Ad interim injunction granted restraining defendants from alienating or
encumbering the suit property or changing the nature and character thereof till the
disposal of the suit - Suit to be decided at the earliest but positively within one year.
2010(1) Civil Court Cases 312 (S.C.)

Civil Procedure Code, 1908, O.39.R.3-A - Exparte temporary injunction -

Application for vacation of stay - To be decided within 30 days of the date on which
temporary injunction was granted exparte. 2010(1) Civil Court Cases 343 (Karnataka)

Civil Procedure Code, 1908, O.41.R.1, O.22.R.3 - Appeal filed in the name of sole
appellant who was dead on the date of filing of appeal - Appeal is a nullity - No order
for substitution of a legal representative in place of deceased appellant can be passed.
2010(1) Civil Court Cases 477 (Bombay)

Civil Procedure Code, 1908, O.41.R.22(4) - Appeal - Cross objections filed in an

appeal is not maintainable when appeal is rejected for non payment of balance court
fee - Cross appeal has to be decided on merits when appeal is 'withdrawn' or
'dismissed for default' - In case of deficiency of court fee appeal is not dismissed for
default, but only rejected. 2010(1) Civil Court Cases 454 (Kerala) (DB)

Civil & Criminal proceedings

 Civil & Criminal proceedings - Can go on simultaneously - A decision in a criminal
case is not binding on a Civil Court. 2010(1) Civil Court Cases 305 (S.C.)

Compromise decree

Compromise decree - Registration - By way of compromise decree rights of plaintiff

restored - Rights cannot be said to be created for the first time - Compromise decree
does not require registration unless the rights are created for the first time under the
said decree. 2010(1) Civil Court Cases 394 (P&H)

Court Fee Act, 1870

Court Fee Act, 1870, Ss.7(1), (iv), Civil Procedure Code, 1908, O.7.R.11 - Suit for
damages - Ad valorem court fee is payable when specific amount is claimed. 2010(1)
Civil Court Cases 388 (P&H)

Criminal Procedure Code, 1973

Criminal Procedure Code, 1973, S.127 - Maintenance - Enhancement - Court

enhanced maintenance from Rs.200/- to Rs.1,000/- per month - None of the parties
led evidence - Order enhancing maintenance set aside - Matter remitted back for
decision afresh after affording opportunity to parties to lead evidence. 2010(1) Civil
Court Cases 520 (Rajasthan)

Easement Act, 1882

Easement Act, 1882, S.13 - Easement of grant - An easement of grant is a matter of

contract between the parties - It may be either express or even by necessary
implication - Easement of necessity comes to an end with the termination of necessity
- Easement acquired by grant cannot be extinguished. 2010(1) Civil Court Cases 351
(S.C.)

Easement Act, 1882, S.13 - Easement of necessity - Easement right in respect of the
pathway - If there exists any other way, there can be no easement of necessity.
2010(1) Civil Court Cases 351 (S.C.)

Easement Act, 1882, S.52, Transfer of Property Act, 1882, S.105 - Lease or licence -
Test to determine - Use of terms "lease" or "licence", "lessor" or "licencor", "rent" or
"licence fee" by themselves are not decisive - Conduct and intention of the parties
before and after the creation of relationship is relevant to find out the intention.
2010(1) Civil Court Cases 294 (S.C.)

Easement Act, 1882, S.52, Transfer of Property Act, 1882, S.105 - Lease or licence -
Test to determine - (1) To ascertain whether a document creates a licence or lease, the
substance of the document must be preferred to the form; (2) the real test is the
intention of the parties - whether they intended to create a lease or a licence; (3) if the
document creates an interest in the property, it is a lease; but, if it only permits
another to make use of the property, of which the legal possession continues with the
owner, it is a licence; and (4) if under the document a party gets exclusive possession
of the property, prima facie, he is considered to be a tenant; but circumstances may be
established which negative the intention to create a lease. 2010(1) Civil Court Cases
294 (S.C.)

East Punjab Urban Rent Restriction Act, 1949

East Punjab Urban Rent Restriction Act, 1949, Ss.13, 13-B - Bonafide requirement -
Subsequent event that may have a bearing on the bona fides of the requirement of the
landlord is always relevant, though may not be conclusive to test the ground of bona
fides. 2010(1) Civil Court Cases 562 (P&H)

East Punjab Urban Rent Restriction Act, 1949, S.13-B - Concealment of facts which
are relevant - Such a person is not entitled to benefit of special provision of S.13-B of
the Act. 2010(1) Civil Court Cases 562 (P&H)

East Punjab Urban Rent Restriction Act, 1949, S.13-B - NRI - Even a fractional
ownership of property is sufficient for a landlord to invoke the claim u/s 13-B of the
Act. 2010(1) Civil Court Cases 562 (P&H)

East Punjab Urban Rent Restriction Act, 1949, Ss.13-B, 2(dd)(c) - NRI - A person of
Indian origin but migrated and later returned to India - Son of Indian origin would
also be a person of Indian origin and entitled to claim the status as such - Contention
that landlord was not entitled to invoke the provision of S.13-B of the Act, rejected.
2010(1) Civil Court Cases 562 (P&H)

Evidence Act, 1872

Evidence Act, 1872, S.35 - Age - Proof - Entries made in Deaths and Births register
maintained by statutory authorities raises a presumption of correctness - Such entries
are admissible in evidence - Such entries prevail over an entry made in the school
register, particularly, in absence of any proof that same was recorded at the instance
of the guardian. 2010(1) Civil Court Cases 301 (S.C.)

Evidence Act, 1872, S.43 - Judgment in a criminal case - Admissibility in a civil suit
- Judgment in a criminal case is admissible provided it is a relevant fact in issue - Its
admissibility otherwise is limited. 2010(1) Civil Court Cases 305 (S.C.)

Evidence Act, 1872, S.43 - Judgment in a criminal case - Not admissible in a civil
suit. 2010(1) Civil Court Cases 305 (S.C.)

Evidence Act, 1872, S.58 - Admission made in a criminal case - Confronted with the
same in civil suit - Admitted the same - Such admission is admissible in evidence -
Admission so made can be explained away - Explanation offered whether acceptable
or not falls within the realm of appreciation of evidence. 2010(1) Civil Court Cases
305 (S.C.)

Evidence Act, 1872, S.67 - Thumb impression - Proof of - Comparison of disputed

thumb impression with standard thumb impression - Standard thumb impression
relating to some Bahi Entry - Bahi not page marked and there was no date relating to
the writing in the Bahi - Witness examined to prove to prove writing in Bahi is none
other than the real brother of plaintiff - Held, Bahi entry cannot be relied upon to
establish the standard thumb impressions. 2010(1) Civil Court Cases 570 (P&H)

Evidence Act, 1872, S.137 - Defendant can cross examine co-defendant only when
interest of co-defendant is adverse to the interest of defendant - Evidence Act gives
the right of cross-examination only to the adverse party. 2010(1) Civil Court Cases
501 (Allahabad) (DB)

Family arrangement

Family arrangement - A Deed of Family Settlement seeking to partition joint family

properties cannot be relied upon unless signed by all the co-sharers - However, a party
when takes advantage of it cannot contend that deed of family settlement is invalid.
2010(1) Civil Court Cases 366 (S.C.)

Family arrangement - Required registration but not registered - Held, it will operate
as an estoppel against the parties which had taken advantage thereof. 2010(1) Civil
Court Cases 366 (S.C.)

Family settlement

Family settlement - May be even oral in which case no registration is necessary -

Registration is necessary only if the terms of family arrangement are reduced into
writing - However, a memorandum prepared after the family arrangement which had
already been made does not require registration. 2010(1) Civil Court Cases 366 (S.C.)

General Clauses Act, 1887

General Clauses Act, 1887, S.10 - Last day of limitation falling on a Sunday or a
holiday - It shall be considered to have been done within limitation if it is done on the
next day on which the Court or office opens. 2010(1) Civil Court Cases 458 (S.C.)

Haryana Urban (Control of Rent and Eviction) Act, 1973

Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13 - Eviction petition on
the ground of personal necessity of son - Death of landlord - Eviction petition does
not abate as the requirement of building was for son who presently is the landlord.
2010(1) Civil Court Cases 316 (S.C.)

Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13 - Landlord can seek
eviction of a tenant from non residential building on ground of personal necessity.
2010(1) Civil Court Cases 316 (S.C.)

Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13(3)(a)(i) - Eviction
petition - Bonafide requirement - Landlord not appearing as his own witness -
Statement of power of attorney examined on his behalf can be treated as statement of
the witness and not the statement of the party himself - Adverse inference is to be
drawn against the landlord for not appearing in the witness box - Order dismissing
eviction petition, upheld. 2010(1) Civil Court Cases 450 (P&H)
Hindu Adoption and Maintenance Act, 1956

Hindu Adoption and Maintenance Act, 1956, S.11 - Adoption - Mere treating as son
is not proof of adoption in absence of proof of legal requirements of adoption - It is
not sufficient to say that adoption took place in the hoary past and it is not possible to
prove the same by way of positive evidence - In the absence of evidence of actual
giving and taking, at the time of adoption and ceremonies performed at the time of
adoption it is not sufficient to hold adoption on the basis of voters list and
membership of Co-operative Societies. 2010(1) Civil Court Cases 473 (P&H)

Hindu Marriage Act, 1955

Hindu Marriage Act, 1955, Ss.5, 11 - Second marriage during subsistence of first
marriage - Finding of criminal Court in bigamy proceedings - Not binding on Civil
Court - Civil Court has to decide the dispute independently. 2010(1) Civil Court
Cases 418 (P&H)

Hindu Marriage Act, 1955, Ss.5, 11 - Second marriage during subsistence of first
marriage - Second marriage is void and invalid - It requires no declaration as to
nullity. 2010(1) Civil Court Cases 418 (P&H)

Hindu Marriage Act, 1955, Ss.5, 11 - Wife performing second marriage during
subsistence of first marriage - Plea by wife that customary divorce was obtained by
executing a divorce deed - Wife failed to prove the custom - Such divorce deed
cannot be treated as a document of dissolution of marriage - Decree of nullity of
marriage granted in favour of husband. 2010(1) Civil Court Cases 418 (P&H)

Hindu Marriage Act, 1955, S.13 - Cruelty and desertion - Petition by husband for
divorce - Acquittal of husband in criminal proceedings initiated by wife for dowry
harassment and cruelty - Fact of giving false complaint itself amounts to cruelty -
Wife residing separately from husband and refusing to live with him despite his offer
to maintain her - Amounts to desertion - Grant of decree of divorce to husband,
upheld. 2010(1) Civil Court Cases 491 (Karnataka) (DB)

Hindu Marriage Act, 1955, S.13 - Cruelty - Ill-treatment meted out by in-laws - Wife
if initiates some proceedings according to remedy provided by law then this ground
itself should not be taken as the basis for dissolving the marriage. 2010(1) Civil Court
Cases 330 (Bombay) (DB)

Hindu Marriage Act, 1955, S.13 - Cruelty - Wife filing a case under Domestic
Violence Act - Held, filing of complaint itself can never be considered as an act of
cruelty unless it is found by positive evidence that it was a false complaint. 2010(1)
Civil Court Cases 330 (Bombay) (DB)

Hindu Marriage Act, 1955, S.13 - Cruelty - Wife having some suspicion about
character of husband - Husband used to come late at night, husband and girl friend
used to share food from the same plate and husband himself admitted that the said
lady is his girl friend - Wife was humiliated in the presence of girl friend - Held, if
wife on the said circumstances doubted the relationship, it cannot be said that such
doubt was without any basis. 2010(1) Civil Court Cases 330 (Bombay) (DB)

Hindu Marriage Act, 1955, S.13 - Cruelty - Wife having some suspicion about
character of husband - This by itself may not amount to an act of cruelty as the act of
cruelty depends upon the facts and circumstances of each and every case. 2010(1)
Civil Court Cases 330 (Bombay) (DB)

Hindu Marriage Act, 1955, S.13(1)(i)(a) - Cruelty - Divorce can be granted on the
basis of subsequent events taking place after filing of the petition - Even the appellate
court can take into account the facts which come into existence after passing of the
decree. 2010(1) Civil Court Cases 525 (P&H)

Hindu Marriage Act, 1955, S.13(1)(i)(a) - Cruelty - Wife in the habit of committing
thefts - On one occasion she was caught red handed while stealing gold ornaments of
her mother-in-law - At the instance of wife her father and brother gave beatings to
husband - Both were convicted by criminal court - Held, such acts cause an
apprehension of injury to body, mind and health of husband which amounts to cruelty
- Decree of divorce, upheld. 2010(1) Civil Court Cases 525 (P&H)

Hindu Marriage Act, 1955, S.13(1)(i)(a) - Divorce - Cruelty - Illicit relationship of

wife with his brother-in-law (sisters husband) - Allegation proved by independent
evidence as well as relations - Maintaining of illicit relations by wife with a third
person is a worst type of cruelty - Decree of divorce, upheld. 2010(1) Civil Court
Cases 461 (P&H)

Hindu Marriage Act, 1955, S.13-B - Divorce by mutual consent - Parties living
separately for several years - Parties not able to live together - No chance of
reconciliation between the parties - Parties agreed to dissolve their marriage by
mutual consent without any coercion, undue influence or collusion - Agreement to
dissolve marriage by mutual consent was entered into in Lok Adalat which was more
than six months back - Marriage dissolved by granting a decree of divorce by mutual
consent. 2010(1) Civil Court Cases 504 (S.C.)

Hindu Marriage Act, 1955, S.25 - Decree of divorce in favour of husband on ground
of cruelty and desertion - Does not disentitle wife to permanent alimony for herself
and maintenance in respect of daughter and son. 2010(1) Civil Court Cases 491
(Karnataka) (DB)

Limitation Act, 1963

Limitation Act, 1963, S.5 - Delay - Condonation - An application for condonation of

delay has to be decided first before considering the objections. 2010(1) Civil Court
Cases 381 (Rajasthan) (DB)

Limitation Act, 1963, Art.58 - Suit for declaration - Limitation of three years - Mere
existence of an adverse entry in the revenue records does not give rise to cause of
action as contemplated under Article 58 of Limitation Act - Right to sue accrues when
right asserted in the suit is infringed or at least a clear and unequivocal threat to
infringe that right by the defendant against whom the suit is instituted. 2010(1) Civil
Court Cases 290 (S.C.)

Mohammadan Law

Mohammadan Law - Minor's property - Natural guardian cannot alienate the share of
the minor. 2010(1) Civil Court Cases 382 (Allahabad)

Negotiable Instruments Act, 1881

Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - After taking of

cognizance of offence, it is not open to Courts to suo moto throw out the criminal
complaints abruptly by declaring that they do not have the territorial jurisdiction to
deal with the matter. 2010(1) Civil Court Cases 468 (Delhi)

Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Insufficient funds -

Funds can be checked online at the bank branch where it was presented and cheque
need not to be sent to the bank branch from where it was issued - Offence is
committed when it is found that there are insufficient funds. 2010(1) Civil Court
Cases 443 (Gujarat)

Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Jurisdiction - Place

where an offence has been committed plays an important role - If an accused shifts his
residence outside the territorial jurisdiction of the Court concerned then in such a
case, the Court in whose territorial jurisdiction drawee bank i.e. bank of the accused is
situated has the territorial jurisdiction to entertain the complaint. 2010(1) Civil Court
Cases 468 (Delhi)

Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice issued and
duly served - No action taken on non payment - Notice issued for the second time -
Complaint filed on the basis of second notice - Cause of action to file complaint on
non-payment despite issue of notice, arises once - Another cause of action would not
arise on repeated dishonour on re-presentation - Complaint is not within time - Order
taking cognizance set aside. 2010(1) Civil Court Cases 378 (S.C.)

Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Pre mature

complaint - Cognizance taken only on maturity of complaint - Case to be decided on
merits. 2010(1) Civil Court Cases 566 (H.P.)

Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Witness not cross
examined on previous dates - Petitioner now ready to cross examine the witness on
the date fixed - Chance to cross examine given on payment of costs of Rs.1,500/-.
2010(1) Civil Court Cases 417 (Rajasthan)

Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.256 -
Dishonour of cheque - Dismissal of complaint for default without recording reason as
to whether personal attendance of complainant was essential on that day for the
progress of the case and also whether the situation does not justify the case being
adjourned to another date due to any other reason - Complaint remanded back to trial
Court for decision in accordance with law. 2010(1) Civil Court Cases 516 (H.P.)
 Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.391 -
Dishonour of cheque - Additional evidence at appellate stage - Fact sought to be
proved by way of additional evidence admitted in reply to the application - Instead of
allowing the application its effect be examined by Court during course of arguments.
2010(1) Civil Court Cases 573 (P&H)

Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.391 -
Dishonour of cheque - Application u/s 311 Cr.P.C. to during pendency of appeal
against conviction for recall of witness to prove that complainant firm is not
registered under Punjab Money Lenders Act or with the Reserve Bank of India and as
such is not competent to lend money in cash - Fact that firm is not registered admitted
in reply to the application - Held, its effect to be examined by Appellate Court during
course of arguments - Order dismissing application, upheld. 2010(1) Civil Court
Cases 573 (P&H)

Negotiable Instruments Act, 1881, Ss.138, 139 - Dishonour of cheque - Accused

borrowed loan - Loan amount not established - Presumption u/s 139 of the Act is not
available. 2010(1) Civil Court Cases 344 (Karnataka)

Negotiable Instruments Act, 1881, Ss.138, 139 - Dishonour of cheque - Cheque

bearing signatures of accused on its face and also on reverse of it - Goes to show that
the said cheque was intended to be used as a 'self cheque' and not issued by accused to
any other person - Writing on cheque not in the hand of accused - Account in Bank in
the name of complainant was opened at the introduction of an Advocate to whom a
blank cheque is alleged to have been given - All these facts and circumstances clearly
go to show that cheque was not delivered to the complainant by accused so as draw
presumption u/s 139 of the Act. 2010(1) Civil Court Cases 344 (Karnataka)

Negotiable Instruments Act, 1881, Ss.138, 139 - Dishonour of cheque - Rebuttal of

presumption - Repayment of loan by cheque - Earlier cheque not returned which was
alleged to be lost - Letter admitting repayment also produced - Held, accused prima
facie established that he repaid the loan amount - Though complainant disputed
repayment of loan but did not explain how the said letter came into existence -
Capacity of complainant to lend such huge amount disbelieved - Presumption stands
rebutted - Order of lower appellate Court setting aside conviction, upheld. 2010(1)
Civil Court Cases 576 (Karnataka)

Partnership Act, 1932

Partnership Act, 1932, Ss.14 & 40, Transfer of Property Act, 1882, Ss.5, 54 -
Property of partner of a firm used in business of firm - Partnership firm dissolved -
Property of partner does not become property of firm merely on permitting it to be
used in business of firm - In absence of valid deed of transfer of property to firm, it
continues to be the property of the partner even after dissolution of firm - Other
partners of firm cannot claim ownership of property. 2010(1) Civil Court Cases 534
(Karnataka)

Partnership Act, 1932, S.19 - Admission of liability by one partner of firm does not
bind either the firm or its partners. 2010(1) Civil Court Cases 522 (P&H)
Protection of Women From Domestic Violence Act, 2005

Protection of Women From Domestic Violence Act, 2005, S.2(q) Proviso - Female
relative of husband - Also falls within the term 'respondent'. 2010(1) Civil Court
Cases 536 (Kerala)

Protection of Women From Domestic Violence Act, 2005, S.2(q) & 13 - Complaint
provided in proviso to cl.(q) of S.2 is the application filed u/s 12 of the Act, though
inadvertently an application is referred in the Section as complaint. 2010(1) Civil
Court Cases 536 (Kerala)

Protection of Women From Domestic Violence Act, 2005, S.12, Criminal Procedure
Code, 1973, S.482 - Quashing of proceedings - Except in respect of proceeding u/s
31(1) or u/s 33 or u/s 19(3), it is not for the High Court to exercise the extraordinary
inherent jurisdiction to quash proceedings pending before the Magistrate under the
provisions of Protection of Women from Domestic Violence Act. 2010(1) Civil Court
Cases 536 (Kerala)

Protection of Women From Domestic Violence Act, 2005, S.19(1)(b) & Proviso -
Except in the case of clause (b), orders could be passed as against the woman also.
2010(1) Civil Court Cases 536 (Kerala)

Specific Relief Act, 1963

Specific Relief Act, 1963, Ss.37, 38 - Injunction - Land purchased by plaintiff - No

document to show that land belonged to Panchayat - Decree against Panchayat,
upheld. 2010(1) Civil Court Cases 559 (Rajasthan)

Specific Relief Act, 1963, S.38 - Injunction - Licensee has no right to raise
construction over the property in dispute where he admits that there is no title in his
favour. 2010(1) Civil Court Cases 494 (Rajasthan)

Specific Relief Act, 1963, S.41(d) - Injunction - Cannot be granted to restrain a

person from instituting or prosecuting any proceeding in criminal matter - No
injunction can be issued restraining a person or authority from lodging the FIR.
2010(1) Civil Court Cases 408 (Allahabad)

Stamp Act, 1899

Stamp Act, 1899, S.54 - Unutilised stamp paper - Purchaser is entitled for refund if
applied for within six months - Collector to satisfy himself that the stamp papers or
stamps were purchased with bona fide intention to use the same and that he had paid
full price thereof - Refund resisted - Collector failing to discharge his duties -
Directions issued to decide the matter within three months in accordance with law
after giving reasonable opportunity of hearing. 2010(1) Civil Court Cases 452 (Delhi)

State Financial Corporation Act, 1951

 State Financial Corporation Act, 1951, S.29, Transfer of Property Act, 1882, Ss.54,
55 - Auction purchaser of a unit - S.29 of Financial Corporation Act is not applicable
- S.29 pertains to action which the Corporation can take against the Unit which had
defaulted in payment of loan - In such circumstances Corporation has the power to
sell the property that has been hypothecated or mortgaged with the Corporation -
Auction purchaser cannot be confused with the defaulting unit. 2010(1) Civil Court
Cases 399 (S.C.)

Transfer of Property Act, 1882

Transfer of Property Act, 1882, S.52 - Consent decree passed during pendency of suit
filed earlier - Held, consent decree is hit by principle of lis pendens being an attempt
to defeat the right of the defendant. 2010(1) Civil Court Cases 394 (P&H)

Transfer of Property Act, 1882, S.55 - Non existence of independent passage to the
unit - Passage mentioned in revenue record not fit for movement of vehicles - Failure
to produce to the buyer the entire documentation as required by S.55(1)(b) of the Act -
Non disclosure of all these facts to the buyer - Held, it was incumbent upon the seller
to disclose to the buyer all these facts - Seller cannot rely upon S.55 of the Act -
Earnest money ordered to be refunded to the buyer with interest. 2010(1) Civil Court
Cases 399 (S.C.)

Transfer of Property Act, 1882, S.55 - Sale of property by Official Liquidator and
sale of property by an individual is altogether different - Official liquidator cannot and
does not hold any guarantee or warrant in respect of the property sold - Official
liquidator proceeds on the basis of what the records of the company in liquidation
show - In that event it is for the intending purchaser to satisfy himself in all respects
as to the title and encumbrances and so forth of the immovable property that he
proposes to purchase. 2010(1) Civil Court Cases 399 (S.C.)

Will

Will - Execution - Proof - No amount of oral evidence about execution of Will would
be admissible unless the original is produced or a copy is produced and loss of the
original is proved. 2010(1) Civil Court Cases 513 (Bombay)