Civil Procedure Code, 1908, Section 10 -- Stay of proceedings - Rejection of - Validity - Plaintiff filed suit for decree of declaration to effect that impugned power of attorney, agreement to sell, letter of possession and receipt etc. are illegal and contrary to law and not binding on his rights - Defendant contested suit filed written statement but did not file any..........
Civil Procedure Code, 1908, Order 7, Rule 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Declaratory suit pertaining to forged guarantee documents - Rejection of plaint - Jurisdiction of civil Court - Held, S.34 of the Act bars jurisdiction of civil Court in case documents of loan/guarantee..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Shamalat deh - Ad interim injunction - Rejection of - Land in dispute is a shamlat deh and Gram Panchayat is described its owner in revenue record - Kind of land shows as Tibba and Choe (no, cultivable) - Revenue record in which Gram Panchayat..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 35 days in filing first appeal - Application for condonation of delay filed on the grounds that appellant was suffering from Typhoid and could not attend his work due to weakness and severe cervical pain - He filed affidavit and medical certificate - Held, since valuable rights of petitioner-plaintiff in..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Closing of evidence - Validity - Suit for declaration filed on 14.03.2003 - Case fixed for evidence of defendants for first time on 29.05.2013 - Trial Court closed their evidence on 22.07.2013 without affording adequate opportunity to conclude evidence - Defendants already deposited process fee and diet money for summoning..........
Delhi Rent Control Act, 1958, Section 25B(8), 14 -- Eviction - Bona fide need - Non disclosure of true facts - Effect - Held, when a party approaches Court in order to seek relief, it is presumed that party would always disclose true facts - No litigant can derive benefit from Court of law of his own wrongs - No litigant should be encouraged to invoke jurisdiction of Court..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Domestic violence - Interim order - Order restraining husband from alienating or disposing of shared household - Rightly allowed by trial court and affirmed by appellate court as husband & his family not denied the fact that disputed house is not their shared property - Impugned orders do not call for..........
Injunction -- Possession - Lease - Property had been under management of Gram Panchayat and it had been leasing it out on various years - Jamabandies for two years prior to institution of suit have contained name of plaintiff as being in possession of property - However, there is no subsisting lease - There exists no right for plaintiff to continue in possession of..........
Rent and Eviction -- Ejectment - Agreement of tenancy between parties provided for an adjudication by arbitral process - Plea that lease period has expired and, therefore, agreement cannot be relied on for reference to arbitration - Held, plea liable to be rejected - Arbitral agreement was to resolve any dispute and consequently whether tenant BSNL has a right to continue..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 294(b), 323 -- Conviction - Revision against - High Court without considering evidence on record and without assigning any reason set aside order of conviction passed by first appellate Court - Held, matter remanded back to High Court for decision afresh in accordance with law - Petition allowed...........
