Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Issue as to whether partnership firm was tenant - For proper adjudication of said issue firm and all its partners allowed to be impleaded suo motu by Court...........
Civil Procedure Code, 1908, Order 26, Rule 9, East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Local Commissioner - Cause of action as such is to landlord at time of filing of ejectment petitioner at that point of time and an application which was filed after 6 years would not help Rent Controller in deciding issue in any manner - Petition dismissed...........
Service -- Regular pay scale - Mutual agreement - Equal pay for equal work - Regular pay scale granted to drivers and conductors as per mutual agreement - Out of 195 conductors and drivers, who approached High Court, settlement was accepted by 65 of such employees - Determination rendered by High Court with reference to wages payable to concerned employees under the..........
Evidence Act, 1872, Section 8 -- Motive - If prosecution case is fully established by reliable ocular evidence coupled with medical evidence, issue of motive loses practically all relevance...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of Legal heirs - Question for determination of heirship is not a declaration, but an issue as to who is the actual legal heir of deceased...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Mutation case on the basis of registered Will - Even if mutation case is decided against the plaintiffs and they raise a claim on the basis of same registered will, before regular Courts, Regular Courts would have jurisdiction to determine the issue without being influenced by findings returned in..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Issue of court fee is primarily between plaintiff and State - Defendants have hardly any role to play - Trial Court was well within its jurisdiction to pass order and same deserves to be upheld...........
West Bengal Premises Tenancy Act, 1997, Section 7(3), Civil Procedure Code, 1908, Section 11 -- Eviction petition - Striking off defence - Res judicata - Earlier revisional application contained a ground challenging jurisdiction of Court and Court has not expressly granted relief sought for - Such relief shall be deemed to have been refused - Defendant having not proceeded..........
Insurance Act, 1938, Section 50 -- Notice - Statutory obligation on Insurance Company to issue notice before expiry of 3 months from date on which premium in respect of policy of life insurance is payable and has not been paid and give notice to policy holder informing him of options available to him...........
Criminal Procedure Code, 1973, Section 340, 195(1)(b)(i) -- Prosecution for giving false evidence - Court is not required to invoke provisions of S.340 Cr.P.C. R/W S.195(1)(b)(i) Cr.P.C. in each and every case, where false statement is given - Alleged false statement is required to be seen in the context of issue to be considered by Court - Since it is Court that is..........
