Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of change of neighbours or occupation of particular house by some other person, whose description is given in the property, actual physical existence of property cannot be denied...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of some variance in measurement of total area, it cannot be assumed that DH has no right for execution of a decree and others can raise objection to take benefit of it...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction - Impleadment of Necessary Party - In absence of any rent receipt or rent agreement, respondent no.3, can only be termed as stranger - Landlord is dominus litis and cannot be compelled to face litigation against stranger by impleading him as a party against..........
Indian Penal Code, 1860, Section 365, 376D, 452 -- Kidnapping - Gang rape - Testimony of prosecutrix - Prosecutrix alleged that co-accused lifted her at around 11.00 pm and she came back at around 2.30 am - This is a huge gap but there is no allegation of repeated rape upon her - No signs of injuries external or internal on prosecutrix including her private parts - There..........
Evidence Act, 1872, Section 63(e), 71, 76, 101, Registration Act, 1908, Section 23, 57 -- Proof of document - Admissibility of secondary evidence - As per provisions of S.57(5) of Registration Act and Ss.65(f), 76 of Evidence Act, a certified copy of sale deed as registered is permitted to be given in evidence - Moreover, certified copies of public documents can also be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Jamabandis - Not produced due to lapse of counsel - Party cannot be penalized for lapse of his counsel - Jamabandis required for just and fair conclusion to decide legal rights of parties - Additional evidence allowed - Appellate Court to decide appeal itself after calling the report..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Does not bind a party who remained ex parte - Compromise decree bind only the consenting party or signatory to the compromise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 28 kg poppy husk - Identity of accused - Driver of scooter on seeing police party ran away and thereafter accused was arrested after a long delay - In absence of two independent witnesses, identity of accused at the spot is doubtful - Even, ASI admitted that he do not know regarding details of..........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6 -- Permission to file suit as an indigent person - Application cannot be allowed without issuing a clear notice to the opposite party...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6, Himachal Pradesh Tenancy and Land Reforms Act, 1972 - - Permission to file suit as an indigent person - Plaintiff physically disabled person - Plaintiff entitled to relief of non payment of Court fee in terms of the provisions of Himachal Pradesh Legal Services Authority Act, 1987 - Held, when application is filed U.O.33..........
