Civil Procedure Code, 1908, Section 144, Order 19, Rule 2 -- Affidavit filed in support of application for restitution of property - Can be treated as evidence for purpose of O.19.R.2 CPC to cross-examine deponent of affidavit, as application for restitution u/s 144 CPC is substantive application and adjudication by a Court u/s 144 CPC is a decree, which can only passed..........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Abatement of appeal - Relief of declaration sought jointly against two defendants - Death of one of defendants - No application filed for bringing LRs of deceased defendant on record - Decree under challenge is joint and inseparable - Without presence of deceased or her legal heirs, dispute cannot be resolved - Appeal..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Legal representative taking inconsistent pleas in written statement with that raised by deceased defendant - Such pleadings struck off - Rest of the pleadings not inconsistent with written statement, filed by deceased, allowed to be taken on record...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application for bringing on record sale deeds by way of additional evidence at stage of final arguments declined - Defendants were aware of sale deeds and failed to place on record - Such a lacuna cannot be permitted to be filled up - Even if documents sought to be placed on record by way of additional..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Agreement to sell - Interpretation of any terms and conditions of a document such as agreement to sell constitutes substantial question of law - High Court should first frame appropriate substantial question(s) of law then decide second appeal on merits...........
Presidency Small Cause Courts Act, 1882, Section 41, Civil Procedure Code, 1908, Section 9 -- Dispute between landlord and tenant - Jurisdiction of civil Court - Whether it is suit between licensor and licensee or between landlord and tenant, such types of suits fall u/s 41 of Small Causes Courts Act - Civil Court thus, has no jurisdiction over such cases...........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 101 -- Ex parte decree - Setting aside - Service of summons - Defendant denied service of summons - Burden to prove service of summons is on the person who asserts that defendant was served with summons - There is no proof of service of summons when merely certified copy of bailiff report is produced..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Formulating substantial question of law - Even when findings of trial Court and First Appellate Court are perverse it is obligatory to first formulate appropriate substantial question of law then deal with the same after giving an opportunity of hearing to both sides...........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85 -- Transfer of investigation to CBI - Defective investigation - Recovery of 500 gms heroin and cash of Rs.39,73,000 - Petitioner alleged that investigation of case is not properly conducted and he is falsely implicated in the case - He was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice - Intervenors are thus, proper..........
