Allotment of plot -- Fraudulent allotment - Dereliction of duties by HUDA officials - Enquiry conducted by HUDA shows that several officials were responsible for lapses in the matter of granting approval for allotment of plot, execution of Conveyance deed, approval of building plans and issue of full occupation certificate - Entire process leading to allotment of plot in..........
Constitution of India, 1950, Article 226, 243ZA, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 18(1)(g) -- Election disqualification - Execution of warrant of arrest stayed against respondent - Respondent being absconder cannot be treated as candidate disqualified from contesting election - Order of upholding election of respondent as winning..........
Registration Act, 1908, Section 17 -- Compulsory registration - If document is required to be compulsorily registered and while doing so some irregularity in the procedure is committed the same does not amount to a fraudulent execution and registration of the document, but a case of mere irregularity - In either case, the party aggrieved by such registration of document is..........
Registration Act, 1908, Section 17, 32 -- Registration - Allotment of plot - Extinguishment deed - Registration - Non presence of the other party to the Extinguishment Deed presented by Society before Registering Officer - By no standard can be said to be a fraudulent action per se - Provisions of the Act enables the Registering Officer to register the documents presented..........
Specific Relief Act, 1963, Section 41(b) -- Injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree, particularly, when he failed to prima facie establish his ownership and possession over house in dispute...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Seeking a decree for restitution of conjugal rights or filing execution is not to force the wife to resume cohabitation but with an objective to be achieved u/s 13 of the Act which enables a party to seek divorce if a decree for restitution of conjugal rights is disobeyed...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Appeal by wife against decree passed in favour of husband - Wife under apprehension that in execution of decree she may not be forced to resume cohabitation - Marriage between parties not consummated though they lived together as husband and wife for 10 years - Parties are now aged about 60 years -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Violation of decree has to be proved by DH for attracting action in execution of judgment and decree U.O.21.R.32 CPC - Even if, there is no violation of decree as on date in terms of specific instance, that itself will not preclude DH from taking action in terms of O.21.R.32 CPC at a subsequent stage, when such..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his cross-examination that he was not bound..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Comparison of thumb impression of testator on Will with thumb impressions on mortgage deed - Expert evidence by way of additional evidence cannot be allowed at this stage, as such type of evidence was required to be led in affirmative - Even otherwise, evidence cannot be permitted as alleged thumb impression..........
