East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(4) -- Passage carved out for respondents for ingress and outgress to their lands during consolidation - Passage carved out of the land belonging to petitioner - Passage in existence for more than 40 years - Petitioner is not entitled to encroach the passage - In case passage is..........
Right of way -- Does not extend to open doors and windows in the passage to have free and extra air and light - Neither of the parties have right to put any obstruction in the disputed passage by constructing any wall or otherwise...........
Electricity -- Old meter replaced in a routine matter - No theft/pilferage detected till the replacement of the new meter - Possibility with regard to the old meter being slow with the passage of time due to wear and tear in the meter does not amount to theft - Slow running of meter cannot be attributed to any act or omission of the consumer and as such he cannot be..........
Co-owner -- A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount to ouster as the possession of one..........
Tort -- Compensation - Negligence of State - Boy of 15 years of age killed by leopard on a public passage - Leopard had come from adjoining forest area which was restricted forest fully under control of State - State has failed to perform its duty of protecting the human life - Sum of Rs.1 lakh granted by appellate Court, held, not excessive...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - To be read as a whole - Not permissible to cull out a sentence and passage to read it out of the context, in isolation - It is the substance and not the form that has to be looked into - Intention of party is to be gathered from the tenor and term of his pleading taken as a whole...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38 -- Second appeal - Perpetual injunction - Right to use a passage - Suit filed without seeking relief of declaration of such right - Maintainability of suit - Suit can be maintained if plaintiff claims right of exclusive possession over the property - Therefore, declaration as to the right to use..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Right to use of passage - Maintainability of suit in absence for suit for declaration - Declaration as to the right to use passage must be sought and the relief of injunction has to be claimed as a corollary - Therefore, Suit for injunction not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding application U.O.7.R.11 CPC, few lines or passage should not be read in isolation and the pleadings have to be read as a whole to ascertain its true import...........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Commuted to one of life imprisonment - The murder were committed in the year 1984 and appellants have been suffering incarceration in unbroken continuity and on awarding death sentence in 1996 the shadow of death must have haunted the accused and it is not possible to assign with certainty the fatal blows..........
