Indian Penal Code, 1860, Section 420, Money Circulation and Banning Act, 1978, Section 3, 4, 5, 6 -- FIR against a company under Section 420 IPC and Sections 3, 4, 5 & 6 of MCBA - Company invited investment from depositors to invest in the business/benefit funds after receiving due approval of the Scheme from Reserve Bank of India - Company went into financial crisis and..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Written statement - Amendment - Eviction petition - Ground of bonafide requirement - Subsequent event - During pendency of petition landlord got another shop vacated - Tenant by way of amendment of written statement want to plead this fact - Tenant allowed to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and mandatory injunction - Plaintiff has already sought for relief of mandatory injunction restraining defendants from raising construction over plot and for restoring possession - However, construction was raised by defendant during pendency of suit - Plaintiff seeking to amend..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 113, 65 -- Amendment of plaint - Limitation - Suit for declaration of title and injunction - Application for amendment filed after 9 years from date of suit - Since suit was based on title, Art.113 of Limitation Act being a residuary article is not applicable - Art.65 of Limitation Act providing..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Compensation - High Court awarding compensation at the rate of Rs.9/- per sq. ft. - Landowners claiming enhancement of compensation on the ground that land has potential value because the land can be put in immediate or near future as building sites as land is situated at such a place where building activity..........
Guardians and Wards Act, 1890, Section 19, 21, Hindu Minority and Guardianship Act, 1956, Section 6, 10, 13 -- A minor Hindu girl aged 16 married minor Hindu boy aged 18 years against the wishes of her parents - After marriage though voidable, father of the girl ceased to be her natural guardian - Her natural guardian is her husband even though he is minor - Court cannot..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Lesser valuation of suit - Correction of - Permissibility by way of amendment - Held, though suit might have been valued at lesser amount, whereby concerned Court does not get preliminary jurisdiction, yet as long as the objection is not raised and decided thereon, it cannot simply throw it out - In..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit against a dead person is not competent...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment of - Plaintiffs seek amendment of plaint so as to incorporate a specific challenge to the family settlement reduced in writing - Plaintiff has sought to clarify the fact already stated in plaint - Trial Court declined application for reason that plaintiff has availed one opportunity to lead evidence and..........
Civil Procedure Code, 1908, Section 115, Specific Relief Act, 1963, Section 6 -- Redemption of mortgage - Dispossession of mortgagee - Suit for possession - Factum of mortgage is admitted - Further redemption of mortgage deed in 1996 is proved - Held, it is for plaintiff to prove that in 1996 property in dispute was also let out to plaintiff which plaintiff has failed to..........
