Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(c), 6 -- Agricultural parole - Request declined by competent authority on the ground that he has committed murder of two children of his real brother-in-law and hence, there is possibility of committing heinous crime if released on parole - Petitioner already completed about 11 years of confinement..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - It is discretion of Court to pass judgment on admission at any stage of suit either suo motu or on application of the party - The discretion of the trial Court to pass a judgment on admission presupposes that it is not a right of a party to seek judgment on admissions - The purpose and object behind..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission in notice exchanged prior to suit - Plaintiff herself stated that reply notice contains false and untenable allegations - In such a situation judgment on the basis of admission cannot be passed...........
Banking Regulation Act, 1949, Section 6(1)(a), Transfer of Property Act, 1882, Section 130, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Banking business - Includes recovery - Assignment of debt/NPA for recovery of such debt to Banking Company is valid transaction - Such transaction is not prohibited by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Writ petition - New plea - Pure question of law can be raised at any time of proceedings - Question of fact which requires investigation and inquiry, cannot be allowed to be agitated in a writ petition - High court cannot consider new case on facts or mixed question of fact and law which was not the case of the parties before..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Petitioner deposited all the arrears of rent, due within one month in the bank account of the respondent - But due to some bona fide mistake, the word "one month" not mentioned in the written statement - Amendment of written statement sought - Held, petitioner justified in..........
Punjab Apartment and Property Regulations, 1995, Section 3, 6, 9, 15, 36, Criminal Procedure Code, 1973, Section 468, 482 -- Quashing of FIR - FIR registered against petitioner for carving out plots in violation of provisions of Act of 1995 - Sale deeds executed between 23.11.1999 and 27.04.2000 - FIR lodged on 11.12.2004 after expiry of limitation of three years - FIR..........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 38, Wakf Act, 1995, Section 6(2), 92 -- Suit for injunction - Impleadment of Wakf Board as a party to the suit - Occasion for the Wakf Board to get itself impleaded may arise at the most, in a suit for declaration of title and not the one for grant of injunction...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Sought at the stage when case was fixed for final arguments - Amendment sought was well within knowledge of defendant but he failed to take bona fide steps earlier - Plea of counter claim raised by defendant is barred by limitation - Held,..........
Punjab State Election Commission Act, 1994, Section 78(c), Civil Procedure Code, 1908, Order 6, Rule 15 -- Election petition - Verification has to be as per provision of O.6.R.15 CPC - Person verifying shall specify by reference to the numbered paragraphs of the pleadings, what he verifies of his own knowledge and what he verifies upon information received and believed to..........
