Criminal Procedure Code, 1973, Section 125 -- Rs.500/- maintenance can be granted for each of the claimants - Words 'in the whole' means taking all items of maintenance together and not all the members of the family...........
Negotiable Instruments Act, 1881, Section 138, 139, 140, 141, 142 -- Constitution of India, Seventh Schedule, Union List, Entries 45, 46 - Words `Banking, Bills of Exchange, Cheques, Promissory Notes and other like instruments' - Occurring in Entries Nos.45 and 46 are couched in widest form and have to be given widest amplitude - Held, Parliament has power and competence..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction purchaser applying for possession of property purchased in Court sale - Limitation - Period of one year starts from date of issuance of sale certificate and not from date of confirmation of sale even though sale becomes absolute on confirmation - Order 21 Rule 95 applies to all..........
Limitation Act, 1963, Article 134 -- Words `When the sale becomes absolute' - Be read as `When sale certificate is issued'...........
Will -- Construction - In construing the language of the Will, Courts are entitled and bound to consider all other surrounding circumstances than merely the words used in the Will...........
Easement Act, 1882, Section 15 -- Essential Ingredients of easement of prescription are that the enjoyment of the right should be open, peaceful, uninterrupted and as of right for a period of 20 years ending within two years next before the institution of the suit - In the instant case words `openly' peaceably and without interruption' not used in the plaint - Use of words..........
Will -- Matters to be considered to ascertain the true intention of the testator - Surrounding circumstances, the position of the testator, the family relationship, the probability that testator would use the words in a particular sense etc...........
Will -- Secondary evidence - Defendant stating that his father handed over the Will to him and it was lost and inspite of best efforts the same could not be traced - Failure to mention the material circumstances as to when the Will was handed over to the defendant by his father and where he had placed it - In the absence of this explanation, the mere words from the mouth..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that sale deed is void abinitio - Amendment of plaint sought by addition of the words that the sale deed be cancelled - Trial Court allowed amendment holding that it will not change the nature of suit nor it is permitting a cause of action which had already become time barred - Order..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Scope - There are no words in the Rule to limit its scope to any particular category of suits or to exclude a suit in regard to a claim for money or for injunction...........
