Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay of 2868 days in filing second appeal - No satisfactory or reasonable explanation constituting sufficient cause given for condoning inordinate delay - Only plea taken by applicant is that he was requesting his brother for amicable settlement - However, when litigation..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Original issues were framed in the presence of counsel for defendants - It was specifically stated at that stage that no other issue was pressed and case was adjourned for evidence of plaintiffs - Application for framing additional issues had been filed after much delay - Framing of additional issue would..........
Specific Relief Act, 1963, Section 5, 34 -- Suit for confirmation of title and recovery of possession - Without seeking relief of declaration - Defendants denied title of plaintiff - Court below committed error in granting decree in favour of plaintiff without asking him for seeking declaration of title u/s 34 of the Act - Impugned order set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363.366, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j), 6 -- Quashing of proceedings - Kidnapping and rape - Prosecutrix solemnized marriage with applicant - From the cohabitation of applicant and prosecutrix, a son was born - In view of such subsequent..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues already framed are adequate and cover the contention now raised by petitioners in suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Second application for framing of an issue - Maintainability - Application having been filed once and not pressed, cannot bar a party from moving the same application subsequently as earlier application was not decided on merit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 43 years in filing appeal - Delay of 43 years is ex facie unpardonable in view of explanation given as lack of education - Application dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay of 225 days in filing second appeal - Appellant had sufficiently explained the reasons leading to a delay of 225 days in preferring second appeal - Once appellant became aware about dismissal of her first appeal, she exhibited haste and preferred second appeal - Delay..........
Supreme Court Rules, 2013, Order 22, Rule 5 -- Special Leave petition - Exemption from surrendering - An application seeking exemption from surrendering cannot be entertained or listed before the Hon'ble Judge-in-Chambers in any special leave petition, except where the petitioner has been sentenced to a term of imprisonment...........
