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SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and injunction - Amendment seeking relief of specific performance after 11 years of filing of suit - Amendment allowed - Relief of specific performance was available on the date of filing of suit but was not claimed - Held, relief claimed by way of amendment when barred by law of..........

KERALA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 41, Rule 22, Civil Procedure Code, 1908, Order 8, Rule 6 -- Suit as well as counter claim dismissed - Plaintiff filed appeal against dismissal of suit - Defendant cannot question the correctness of dismissal of counter claim by way of cross objections - Counter claim for all intent and purposes is a suit and dismissal of same gives rise to..........

ALLAHABAD HIGH COURT

Year of decision: 2010
Details

Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6(2), Indian Penal Code, 1860, Section 342, 364, 363, 366, 506, 302, 201 -- Juvenile - Bail - Offence u/ss 342, 364, 363, 366, 506, 302 & 201 IPC - Accused declared a juvenile - Bail application filed by accused forwarded to Juvenile Justice Board for disposal - Plea of accused that Sessions Judge is..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land by Govt. for public purpose - As per Govt. policy, all joint owners of any one Khata entitled to only one plot as a rehabilitation measure - Held, policy making restrictions of allotment of one plot to a joint Khata holder is arbitrary, irrational, having no reasonable nexus with objective intended to be..........

KERALA HIGH COURT

Year of decision: 2010
Details

Limitation Act, 1963, Article 64, Civil Procedure Code, 1908, Order 6, Rule 7 -- Adverse possession, alternative plea, inconsistent plea - Suit for injunction and fixation of boundary - Defendant claimed title in respect of suit property under oral agreement of sale allegedly executed with predecessor of plaintiff - Held, plea of adverse possession taken by such defendants..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Banking Regulation Act, 1949, Section 6, 21, 35A -- Guideline issued by RBI, Dt.13.07.2005 - Assignment of debts, which are assets of assignor - Held, bank can always transfer its assets - It will not affect right or interest of customer (borrower) - B.R.Act 1949 does not carry and prohibition on transferring assets inter se bank - Assignment of debts does not amount to..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought before framing of issues i.e. before commencement of trial - Merits of plea sought to be taken by amendment cannot be gone into at the stage of deciding the amendment application - Since amendment sought are wholesale amendments in the plaint and challenging large number of documents including..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Minor - Custody - Minor below 5 years of age - Held, ordinarily mother will be entitled for the custody of minor who has not completed the age of 5 years - Interim custody given to mother...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(c), 6, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302 -- Parole - Petitioner was convicted and sentenced to undergo life imprisonment u/s 302 IPC - Petition for grant of agricultural parole for six weeks u/s 3(1)(c) - Commissioner held that convict may commit any..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

General Clauses Act, 1897, Section 6, Urban Lands (Ceiling and Regulation) Act, 1976, Section 10(6)(3)(5), Urban Land (Ceiling and Regulation) Repeal Act, 1999, Section 3 -- Repeal of Act - Effect thereof - Surplus land - Notifications issued effecting deemed vesting of land in State - Notices issued to tenure-holders to hand over possession, but physical possession of..........

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