Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration that partition deeds are null and void - Defendant by way of amendment introduced plea of some partition which was never there in written statement when plaintiff was recording his statement - If amendment is allowed, same would amount to withdrawal of admission and would..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Suit for injunction simplicter - Not maintainable where complicated disputed questions of fact and law relating to title and possession of parties over suit property involves, as same can only be decided in a comprehensive suit for declaration of title and injunction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that agreement to sell was cancelled - Plaintiff by way of amendment sought the plea of hardship and wanted to incorporate that property was only residential house of plaintiff in which he was residing along with his family - Dismissing the application would mean that valuable..........
Mutation -- On the basis of death of brother praying that petitioner is the only person who is entitled to be mutated over the land - Tehsildar cannot relegate petitioner to Civil Court for seeking declaration that he is legal representative of deceased - Tehsildar can very well consider and determine geneology between parties...........
Will -- Suspicious circumstances - Execution of Will in favour five sons to the exclusion of sixth son - Plaintiffs filed the suit for declaration on the basis of Will after 6 years after death of father/testator on the basis of his Will - Defendant/sixth son was not aware of Will - PW1 has admitted that attesting witness/PW2 to the Will was not related to him - Will..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 403 -- Order dismissing anticipatory bail application - Review/recall of order - Anticipatory bail application dismissed due to an incorrect statement made by a police official - Accused cannot be made to suffer due to an error committed by a police officer nor can they be penalised for administrative exigency..........
Evidence Act, 1872, Section 32 -- Two dying declarations - Deceased alleged in both the dying declarations that her mother-in-law poured kerosene oil on her and her husband got her burnt by matchbox - However, there is no fitness certificate given by doctor in this regard that patient is fit for statement or not - Only signatures and seal of doctors were taken - Second..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed, declaration of ownership, permanent injunction and mesne profits - Said reliefs cannot be within the domain of a Rent Tribunal - Issues involved could be decided only by a Civil Court - Application rightly rejected...........
Registration Act, 1908, Section 17 -- Registration - Declaratory decree - Suit filed only for declaration that `R' was the owner of suit property - No family settlement brought on record by defendant and in absence of any family settlement, judgment and decree which was a simpliciter suit for declaration, cannot be said to be exempted from registration...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Plaintiff purchased suit property as per registered sale deed - Relief sought by plaintiff was only to extent of half share in suit property - Suit for partition filed by defendant against vendor of plaintiff decreed and defendant is entitled for 1/2 share in suit property - Said judgment is..........
