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PLRonline.in

NDPS - Bail – Petitioner was not apprehended from the spot - No recovery is to be made from the petitioner - His name surfaced in a disclosure statement -

HMA S. 13(1)(ia) - Mental cruelty - In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behaviour is sufficient by itself to cause mental cruelty - The approach should be to take the cumulative effect of the facts and circumstances

CPC O. 9 R. 13 – Ex parte judgment – Set aside with costs of Rs 1.5 lacs.

by Punjab Law Reporter

in CPC

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CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

CPC O. 39 R. 1 & 2 – Injunction is an equitable relief – “He who seeks equity, must do equity’ – In the facts and circumstances of the case, it appears that the plaintiff has not come to the Court with clean hands and as such, no prima facie case is made out in his favour. [PLRonline 459764]

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