Registration Act, 1908, Section 17, 32 -- Registration - Allotment of plot - Extinguishment deed - Registration - Non presence of the other party to the Extinguishment Deed presented by Society before Registering Officer - By no standard can be said to be a fraudulent action per se - Provisions of the Act enables the Registering Officer to register the documents presented..........
Constitution of India, 1950, Article 226 -- Remedy under Art.226 of the Constitution is extra ordinary and discretionary - Conduct of parties is relevant - A party having several remedies for the same cause of action, must elect his remedy and cannot be permitted to indulge in multiplicity of actions - Exercise of discretion to issue a writ is a matter of granting..........
Constitution of India, 1950, Article 226 -- Remedy under Art.226 of the Constitution - Multiple proceedings - A party having several remedies for the same cause of action, must elect his remedy and cannot be permitted to indulge in multiplicity of actions - In the instant case High Court declined to interfere as appellant was pursuing multiple proceedings for the same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cause of action - Amendment sought to incorporate Para regarding cause of action in original plaint, which was not mentioned due to bonafide mistake and accidental slip - Application for amendment moved by plaintiff seems to introduce new facts - Plaintiff wants to rectify faults and fill up gap in his..........
Criminal Procedure Code, 1973, Section 125, 195, 340, Indian Penal Code, 1860, Section 191, 192, 193 -- Maintenance - False evidence by wife as to income - Direction to take action for offence u/ss 191, 192 & 193 IPC - Laws in favour of distressed wife when misused by declaring completely incorrect facts and also by suppressing the material aspect, the trial Court at the..........
Punjab Police (Haryana Amendment) Rules, 2001, Rule 31.7(2)(i), 31.7(2)(ii) -- Selection - Determination of eligibility - It is manifest from perusal of Rule that the eligibility of the candidates has to be determined on the Ist day of January in which the selection is being made - There is no illegality in the action of the official Respondents in re-determining the marks..........
Punjab Police (Haryana Amendment) Rules, 2001, Rule 31.7(2)(i), 31.7(2)(ii) -- Selection - Determination of eligibility - Vacancy for Reserve category - No Rule or instructions are found for which stipulate that the vacancies which have not been filled by adequate number of candidates in the Reserved Category would be thrown open to the General Category - Action of..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Forgery in FIR and alteration in Tehrir - Taking cognizance on the complaint will lead to multiplicity of proceedings when competent Courts are already dealing with the matter - Parties may file appropriate applications before said Courts only and Court may take appropriate action in the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C. is extraordinary power and has to be used sparingly and with caution only, if compelling reasons exist for proceeding against a person against whom action has not been taken - Court cannot just turn against another person whenever it comes across evidence connecting the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Cause of action to file suit arose in the year 2015 and from that date suit filed by plaintiff is well within limitation - Moreover, question of limitation can be decided by trial Court after framing necessary issues and after taking..........
