Criminal trial -- Interested witness - A witness can be called interested only when he derives some benefit from the result of litigation; in the decree in a civil case, or in seeing an accused punished - A witness who is a natural one and is the only possible eye witness in the circumstances of a case cannot be said to be interested...........
Specific Relief Act, 1963, Section 20, 16(c) -- Specific performance - Part performance - There is no principle of law that once there is part performance of the agreement, there has to be decree of specific performance - If the decree of specific performance gives the plaintiff an unfair advantage over the defendant or where the purpose of contract would involve some..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Family partition - Shop fell to the share of landlord in a family partition - Decree passed on the basis of such family partition does not require registration as family settlement merely allocates and settles the existing rights by way of mutual adjustment. (Registration Act, 1908, S.17)...........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Exparte decree - Remedy to file appeal in an ex parte decree is also available to an aggrieved party - It is not necessary, for an aggrieved party to first file an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - For sustaining exparte decree it is incumbent upon the successful party to show the presence of adequate evidence to sustain the findings - Merely because one of the party is absent would not ipso facto lead to the conclusion that evidence adduced by successful party supports his case - Mere fact that..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Proclamation of sale - To be drawn up after notice to the decree holder and the judgment-debtor and is required to state fairly and accurately (i) the property to be sold or where a part of the property would be sufficient to satisfy the decree, such part; (ii) the revenue assessed upon the estate or part of the estate;..........
Civil Procedure Code, 1908, Order 21, Rule 90, 66 -- Auction sale - Setting aside - Proclamation of sale - Notice ordered to be issued to J.D. but not served - Proclamation did not contain the correct amount of recovery of which sale was ordered - Court did not record the satisfaction that the sale of property or part of property would be sufficient to satisfy the decree -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte temporary injunction - Application U.O.9.R.13 CPC to set aside exparte temporary injunction - Grant of ex parte temporary injunction is only an order and not a decree - O.9.R.13 CPC is not applicable to set aside such an order...........
Civil Procedure Code, 1908, Section 47 -- Decree - Whether executable or not - Plaintiff found entitled to equal pay scale of their Juniors - Direction to comply decree within two months - Decree was not thus merely declaratory decree simplicitor - It was declaratory decree with consequential direction - Though decree did not contain detail particulars, there was no..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2(i) & 97 -- Ejectment order - Execution - Objections - Fresh tenancy alleged to be created by one of the D.H. - Execution cannot be stayed - Any adjustment of decree which is not recorded by Court U.O.21.R.2(i) cannot be recognised by the executing Court and that too within the prescribed period of limitation of 30..........
