Civil Procedure Code, 1908, Section 17, Order 18, Rule 17 -- Witness - Recalling of - When justified - Held, power to recall any witness U.O.18.R.17 CPC can be exercised by court either on its own motion or on an application filed by any of parties to suit - Such power is to be invoked not to fill up lacunae in evidence of witness which has already been recorded but to..........
Suit for partition -- Tenant purchased 1/3rd share from one of the co-sharers - Status of co-owner extinguished status of tenant - Plea of tenant that he can be dispossessed from the suit property only by having resort to the provisions of Rent Act, not tenable - Suit for partition decreed...........
Rent and Eviction -- Tenant purchased 1/3rd share from one of the co-sharers - His status as tenant extinguished - Plea that he can be evicted only under Rent Act not tenable - Suit for partition decreed...........
Pre-emption -- Tenant entitled to pre-empt whole of sale in case he is proved to be tenant even over part of property sold - Plaintiff were in possession of half of sold land as tenants, therefore, suit for pre-emption was liable to be decreed in totality and not half portion by treating them to be in possession as tenants of half portion only - Plaintiff held entitled to..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Provision of S.52 of the Act comes into existence from the point of institution of the suit and continues to survive till the satisfaction of the decree...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Provision of S.52 of the Act is not applicable where the suit is collusive...........
Malicious prosecution -- Two essential elements are; - a) that no probable cause existed for instituting the prosecution or a suit complained off and; - b) that such prosecution or suit terminated in some way favourable to the defendant therein...........
Malicious prosecution -- Respondent - plaintiff a Headmaster of School - Facts showed that action just before his retirement taken against him which was wrongful and without cause or excuse - Motive was also improper - It could also be termed as wanton and willful doing of an act - It can also be said that suspension or charge sheeting respondent - plaintiff was done..........
Disability pension -- Disability percentage - Curtailment of - Assessment by the Medical Board that percentage of disability suffered by the appellant is 93.75% - The same curtailed by the Director to 75% without examining the appellant - Held that there is no justification forthcoming for reducing the disability as assessed by the Medical Board - The action of the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Issues need not to be framed when objections are by the parties to the suit nor evidence is required to be recorded, particularly when facts are undisputed - 2008(1) Civil Court Cases 364 (P&H) distinguished as in that case it was held that objections filed by third party (i.e. not party..........
