Civil Procedure Code, 1908, Section 39(4), Order 21, Rule 3, Civil Procedure Code, 1908, Order 21, Rule 48 -- S.39 does not authorise Court to execute decree outside its jurisdiction - However, provisions of O.21.R.3 or O.21.R.48 which provide differently, are not affected by S.39(4) of the Code...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Insult - Member of Schedule Castes - Meeting of members of Schedule Castes - No intentional insult of members of S.C. - Words used by accused were 'Yaha Chamar Panchayat Ho Rahi He' - These words are neither offending nor insulting - Caste hatred & rivalry between parties -..........
Civil Procedure Code, 1908, Order 23, Rule 3, Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - If creates right, title and interest for the first time then it requires compulsory registration...........
Registration Act, 1908, Section 17(2)(vi), Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Lessor alienated absolutely the right, title and interest in suit property in favour of lessee - By virtue of compromise decree right, title and interest was absolutely alienated, and created for the first time in favour of the lessees - Held, compromise decree..........
Civil Procedure Code, 1908, Order 23, Rule 3, Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Registration - Can be summarized as : (1) Compromise decree, if bonafide, in the sense that the compromise is not a device to obviate payment of stamp duty and frustrate the law relating to registration, would not require registration - In a converse situation, it..........
Hindu Marriage Act, 1955, Section 16, Hindu Succession Act, 1956, Section 3(1)(j), 6 -- Illegitimate children - For all practical purposes, including succession to property of his parents, has to be treated as legitimate - Entitled to equal share with legitimate children - Can be treated as coparceners - Only limitation is that illegitimate child cannot claim partition..........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Dowry death - Death within 7 years of marriage - Demand and harassment and cruelty towards deceased - Conviction of husband, father-in-law and mother-in-law - Letters written by deceased revealed torture and harassment undergone by deceased - Genuineness of letters not challenged -..........
Interest Act, 1978, Section 3(1) -- Suit for recovery on account of supply of goods - No agreement to pay interest - Plaintiff by his advocate notice claimed interest at the rate of 12% p.a. - Notice duly received by defendant - Plaintiff is entitled to interest at the rate of 12% p.a. from the date of notice till payment and or realisation...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18 -- Calling a member of Scheduled Caste by Caste name - It hurts the feeling of member of that caste - In a democracy nobody's feelings should be hurt...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18 -- Writ Petition seeking declaration that Ss.3 & 18 of SCST Act are ultra vires the Constitution - There is nothing unconstitutional in the two provisions - Law makes a 'protective discrimination' in favour of Scheduled Castes and Scheduled Tribes which is part of the constitutional..........
