Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Suit time barred against some of defendants - Pronouncement of judgment - Court ought to have entered a finding that suit is not maintainable against some of defendants and accordingly pronounced a judgment and passed a decree - Passing of an order that defendants were..........
Land Acquisition Act, 1894, Section 41, 44A, Land Acquisition (Companies) Rules, 1963, Rule 5(2) -- Acquisition of land - Recovery of enhanced compensation - Acquired land sold in private sale - Resumption notice - Acquired land allotted to company to set up manufacture of sheet glass or such other products approved by appellant State - Conveyance deed between State and..........
Central Excise Act, 1944, Section 4, Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, Rule 5 -- Imposition of duty - Valuation of goods -`Place of removal' - Buyer`s premises cannot be considered as place of removal of goods - Therefore, excise duty cannot be recovered on freight charges incurred for transportation of goods from factory..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, Limitation Act, 1963, Section 5 -- Eviction - Leave to defend - Condonation of delay - Even one day delay by a tenant in filing leave to defend cannot invoke the provision of Limitation Act for condonation of delay under Act of 1949...........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 10 -- Adoption - Validity - No registered deed of adoption on record to presume the so called adoption in question - Neither any customary usage is proved to claim that respondent is adopted - More so, respondent is major and having completed 15th year, by which adoption is not valid otherwise - Adoption, held, not..........
Hindu Marriage Act, 1955, Section 2, 5 -- Void marriage - Respondent/husband a Muslim, unwillingly and only to marry petitioner/wife a Hindu, converted from Muslim Religion to Hinduism and not even lived as Hindu - There is no valid conversion from Muslim religion to Hindu Religion - Once there is no valid and voluntary conversion and its recognition as a Hindu of..........
Prevention of Corruption Act, 1988, Section 5, 7 -- Jurisdiction of Special Court - Special Court hearing matter of 2G spectrum allocations case has authority to try offences under corruption law as well as non-corruption laws...........
Civil Procedure Code, 1908, Order 22, Rule 4(2), 5, Civil Procedure Code, 1908, Order 41, Rule 31 -- Second appeal - While deciding second appeal, it is obligatory upon High Court to properly set out the case of parties, findings recorded by trial Court and first appellate Court, arguments of parties on the questions of law framed in the light of law applicable to the..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of 1373 days in filing appeal - Delay by Government officials or public servants - When delay is to defeat justice then in view of larger public interest, Court should take a lenient view in such situations and should condone the delay, howsoever huge may be the delay and have the matter decided on matters...........
Constitution of India, 1950, Article 32, Citizenship Act, 1955, Section 5(1)(a) -- Grant of citizenship - To migrants from East Pakistan, displaced upon construction of dam - Chakmas and Hajongs were allowed to rehabilitate in India after conscious decision of Government of India and so does not require to obtain Inner Line permit - Their status also stands duly..........