Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(c), 13 -- Eviction petition - Material impairment - Impleadment of Haryana Wakf Board as party and owner of property - Pleadings show that tenant admitted to have taken disputed premises on rent from landlord itself and has not raised any objection regarding Haryana Wakf Board being owner - There was no..........
Civil Procedure Code, 1908, Order 1, Rule 10, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Impleadment of party - Dismissal of application - Eviction petition - Application U.O.1.R.10 CPC filed after four years of filing of eviction petition against their brother/proforma respondent which itself speaks volumes about their act and conduct that they..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of a party - Application filed belatedly - Application allowed to ensure that in the eventuality of suit being decreed, plaintiff does not become vulnerable to another round of litigation at the stage of execution - Application allowed subject..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 1 kg 400 gms charas - Non-joining of independent witnesses - Existence of nearby residential locality - However, no efforts were made by patrolling party to join any independent witness in the proceedings - Prosecution thus, failed to prove guilt of accused beyond shadow of doubt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 1 kg 400 gms charas - Weighing of contraband not done at the spot - IO/Incharge of police party is expected to carry weighing scale, while proceeding on patrolling duty or Nakka alongwith accompanying police personnels - Stand taken by police party that because of not possessing a..........
Evidence Act, 1872, Section 102 -- Burden of proof - Gift deed - Challenge as to - When deed itself said that possession of property was given to donee, burden of proving that said recital was not correct, lay on party who asserted so...........
Criminal Procedure Code, 1973, Section 362, 482 -- Review/Recall of Order - Application came up for admission and High Court allowed application on same date - Opposite party was not represented by any counsel nor notices were issued to opposite party before finally deciding application - Rule of audi alterem partem requires B that opportunity of hearing should be afforded..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Production of photographs - Petitioner only wants to put other party to cross-examination as to whether such photographs showing presence of prosecutrix were actually taken in her presence or not - Court below rejected the application on the ground that petitioner had not produced source from which photographs were..........
Civil Procedure Code, 1908, Section 141, Order 26, Rule 4 -- Examination of witness on commission - Proposed witness party to the suit who did not choose to contest the suit - Specific medical grounds stated for inability of witness to attend Court and to depose - Witness found to be important witness to the defendants to rely and to canvass their claim in the suit -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of title - Plaintiff was not a party to civil suit which was decided by Lok Adalat on account of compromise - Husband of plaintiff who was party to said suit was also not alive at the time of compromise - Said award is certainly not at all binding upon her - Plaintiff rightly..........
