Property -- Inherited property - A property obtained through inheritance, whether by way of a Will or upon the demise of property owner, is classified as inherited property - Inheritor holds exclusive ownership over the said property, and is entitled to freely transfer, sell, or dispose of it at their discretion - There are no claims based on birth right, with ownership..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no need to file a separate application for condonation of delay - Hyper technical view that there is violation of mandatory provision of law cannot be taken - Taking such a view would effectively mean ignoring the purpose of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has trusted his counsel to manage the suit proceedings - However, he was not made aware of ex-parte decree by his previous counsel - It is only after the appointment of new counsel, defendant got to know about ex parte decree - Defendant acted bona fide and diligently -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Setting aside order - Murder - Specific averments in FIR against all accused persons including respondents that all of them had set deceased on fire with an intention to kill him - High Court has erred in granting relief in a cryptic and mechanical manner without..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Issue of sanction was taken up by High Court rather than proof of sanction on its own and without assistance of counsel for accused - Respondent stated that one more opportunity may be given to respondent to demonstrate that irregularity in sanction order has led to failure of justice - Order of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Allowed by Appellate Court - On the same very day appeal was allowed by setting aside judgment and decree of trial Court - No reason given as to why in the absence of further evidence being recorded by first appellate Court on basis of amended written statement, judgment and decree of trial..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside by Court where defendant satisfies Court that : (a) summons were not duly served upon him; (b) he was prevented by any sufficient cause from appearing before Court when suit was called for hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Due to health issues counsel for defendant could not appear - Merely because counsel representing defendants failed to make some alternative arrangement, defendants cannot be made to suffer for the same as it would not be in the interest of justice - Defendants have shown sufficient cause..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Service -- Reinstatement - Employee was relieved from duty and was paid one month salary in lieu of notice as per rules of company - Without any objection employee accepted the cheque and encashed the same - There is thus, no violation of procedure on the part of management in terminating the services of employee - Since the employee is not a workman u/s 2(s) of..........
