Civil Procedure Code, 1908, Order 21, Rule 1, 2, 11, 12, 13, 14, 17, Limitation Act, 1963, Article 136 -- Execution - New item of property - Amendment of execution application or an application containing an alternative mode of execution or proceeding against a new item of property not already included in the pending execution petition - It is a fresh application for..........
Karnataka Rent Control Act, 1961, Section 21(1)(h) -- Pendency of eviction proceedings - Rate of rent Rs.4000/- - Karnataka Rent Act, 1999 came into force and applicable to the pending proceedings - This Act not applicable where rate of rent is above Rs.3500/- Held, Court of Small Causes has no jurisdiction to try the said eviction proceedings...........
Orissa (State) Commission for women Act, 1993, Section 3, 10, Special Marriage Act, 1954, Section 13, 25 -- DNA Test - Petition under Marriage Act for nullity of marriage filed by husband on ground that marriage has not been consummated - Wife filed complaint before Orissa State Women Commission, alleging maltreatment by husband and claimed maintenance being pregnant -..........
Contempt of Courts Act, 1971, Section 12, Bombay Public Trust Act, 1950, Section 41D -- Respondent a permanent trustee, filed an application against the petitioner and other trustees for their removal from trusteeship on the ground of malfeasance, misfeasance, misappropriation of trust fund, breach of trust etc. - Petitioner and other trustees were restrained by Joint..........
Hindu Marriage Act, 1955, Section 13B -- With the efforts of Mediator, matter settled - Parties compromised - Petitioner agreed to pay a sum of Rs.40 lacs in full and final settlement of all claims - All cases pending between parties i.e. Criminal case, a case under Domestic Violence Act and a petition for maintenance u/s 125 Cr.P.C. quashed - Divorce by mutual consent..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2, 7, Limitation Act, 1963, Section 5 -- Ejectment order - Appeal against - Dismissal in default - On application for restoration of appeal, matter remanded which is pending disposal for the last 25 years - Petitioner prayed that appeal be decided on merit after condoning delay - Delay condoned in view of..........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari to petitioner - Criminal trial pending - During trial petitioner failed to produce truck when asked to do so - Penalty of Rs.6, 00, 000/- imposed and truck taken into custody - After conclusion of trial truck sold in public auction for Rs.2, 80, 000/- - Sale proceeds deposited in government..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 313 -- Dishonour of cheque - Re-examination of accused u/s 313 Cr.P.C. at the stage when case was pending for judgment after hearing arguments - Held, even when case is posted for judgment, Court has power u/s 311 to recall and re-examine any person already examined - On..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 313 -- Dishonour of cheque - Re-examination of accused u/s 313 Cr.P.C. at the stage when case was pending for judgment after hearing arguments - Held, even when case is posted for judgment, Court has power u/s 311 to recall and re-examine any person already examined - On..........
Central Civil Services (Pension) Rules, 1972, Rule 9 -- Retiral benefits - Petitioner retired from service - Criminal case registered against petitioner on allegations that one employee working under him committed suicide - However, no one named in FIR - Even challan not presented for prosecution of petitioner till his retirement - No departmental enquiry initiated against..........
