Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Provision of S.47 CPC cannot be abused to raise a case which was not even argued or pressed before Court below or to raise an altogether new issue which required reconsideration of controversy afresh de novo, which is not legally permissible u/s 47 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of appeal - Issue which is subject matter of appeal amicably settled between parties - Compromise deed entered into in between parties, appended with application - Appeal disposed of in terms of compromise...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding possession - Partition suit - Plaintiff filed suit seeking its division by metes and bounds and in alternative, he has prayed for sale of property by auction and for distribution of sale proceeds inter se parties to the extent of shares claimed in suit - Relief of possession is..........
Motor Vehicle Rules, 1989, Rule 115, 116, National Green Tribunal Act, 2010, Section 14, 2(c), 2(m) -- Power of National Green Tribunal - Non-production of Pollution under Control (PUC) Certificate - Penalty of not to supply fuel to vehicles - Tribunal had no power and/or authority and/or jurisdiction to pass orders directing State Government to issue orders, instructions..........
Rajasthan Rent Control Act, 2001, Section 20(3) -- Eviction petition - Default in payment of mesne profit - Issuance of recovery of possession certificate - Tenant not deposited amount of mesne profit - Tenant is required to continue to pay mesne profit to landlord and arrears of mesne profit - If tenant does not vacate commercial premises within three months from date of..........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Disaster Management Act, 2005, Section 11 -- First National Plan u/s 11 was framed in year 2016, which was revised and notified in November, 2019 - Paragraph 1.4 of Plan categorically states that Plan will be complemented by several contingency plans, Standard Operating Procedures (SOPs), Manuals and Guidelines at all levels of multi-tiered governance system - Unless..........
Constitution of India, 1950, Article 129 -- Contempt of Court - Suo motu petitions - Since Supreme Court is exercising its inherent powers to issue notice for contempt - It is not necessary to take consent of anybody, including that of Attorney General...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 700 gms heroin - Second raid in the house of accused - There is inconsistency in prosecution case regarding second raid on the issue whether accused had informed complainant that certain contraband items were also stored at his residence or it was a guesswork of complainant that such..........
Constitution of India, 1950, Article 226 -- Writ of Mandamus - Court is duty bound to issue a Writ of Mandamus for enforcement of a public duty...........
