Delhi Rent Control Act, 1958, Section 25(b)(8) -- Eviction - Revisional jurisdiction - Exercise of - Held, revision u/s.25B(8) of the Act cannot be regarded as first appeal nor can it be as restricted as revisional jurisdiction u/s.115 CPC - High Court would have jurisdiction to interfere if it is of opinion that there has been gross illegality or material irregularity..........
Specific Relief Act, 1963, Section 6 -- Dispossession - When suit u/s 6 of the Act fails, normal remedy for a party is to file a suit for declaration of title & possession - No appeal lies from the decision arising in a suit u/s 6 of the Act - Court can only interfere in revisional jurisdiction u/s 115 CPC...........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 7, 49(c) - - Allotment of Land - Cancellation of - Natural Justice - Petitioner's father was allotted land in question on basis of possession - Petitioner condemned unheard and orders of cancellation passed at his back leading to fresh auction of land in dispute in favour of respondent No.6 - Held, no transfer..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Only when there is an error apparent on the face of record and when such an error is self evident and does not require a process of reasoning to detect it - Review jurisdiction is not applicable to an `erroneous decision' which needs rehearing and correction - Review cannot be allowed to be an appeal in disguise -..........
Civil Procedure Code, 1908, Order 15, Rule 5(As - - Several defaults in depositing monthly rent - Trial Court struck off the defence - Order upheld by District Judge but set aside by High Court - Order of trial Court and appellate Court not perverse - Both the Court below did not exceed their jurisdiction - Held, it was not open to High Court to sit in appeal under Art.227..........
Family Courts Act, 1984, Section 7 -- Family Court - Proceedings - Maintainability - Held, if on the date of institution of suit, same was maintainable before Family Court, subsequent developments such as death of one of the parties will not render either proceedings or an appeal before a superior forum incompetent for want of jurisdiction - Therefore, petition filed by..........
Specific Relief Act, 1963, Section 34 -- Declaratory suit - Registered sale deeds - Execution of - Proof - Defendant No.1 has admitted her thumb impression on sale deeds - Sale deeds also contain recital with regard to payment of consideration - No threat was given by plaintiffs when defendant No.1 put thumb impression on documents - She has merely stated that plaintiffs..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15(4) -- Eviction - Arrears of rent - Appellate jurisdiction - Whether an Appellate Authority under the Act can remand case back to Rent Controller for decision afresh? - Held, S.15(4) of the Act does not confer any right on Appellate Authority to remand matter for fresh disposal - Appellate Authority has..........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 31 -- Review - Appellate Court not required to decide appeal after going through record of case and judgment of subordinate Court and after complying with provisions of O.41.R.31 CPC when appellant before it had not addressed Court on said issues - Absence of affidavit by either party..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Jurisdiction and scope of review is not that of an appeal and it can be entertained only if there is an error apparent on the face of record ...........
