Encroachment -- Demolition of residential house - Demolition was preceded only by a Munadi - There was no written notice and no disclosure of the basis of demarcation or extent of demolition to occupiers - Even in respect of area allegedly encroached no due process was followed and a written notice was not issued - Demolition was thus, high-handed and without authority of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Defendant has right to file an application U.O.7.R.11(d) CPC for rejection of plaint even without filing the written statement...........
Practice and Procedure -- Representation on behalf of Government authorities - Written instructions from competent authorities is imperative - Directions issued that : it is imperative that the official(s)/counsel(s) appearing before the Court to represent the Government authorities should equip with proper written instructions from the competent authorities - If any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Description of suit property was wrongly written inadvertently and due to typographical mistake - Trial Court while allowing amendment specifically put plaintiff to condition that no fresh evidence will be led qua the amendment error - No prejudice would be caused to defendant if..........
Will -- Suspicious circumstances - Beneficiary of Will i.e. plaintiff was present at the time of execution of Will - Will appeared to be dubious document having been written on a piece of paper torn from a copy - Scribe of Will being close relative of testatrix does not know about age of testatrix - Plaintiff stated that testatrix was alright at the time of execution of..........
Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within statutory period - Condonation of delay - It is not always the length of delay which is the governing factor while examining plea of condonation of delay - If sufficient cause is shown, then irrespective of length of delay, same can still be condoned...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Defendants have been debarred from filing written statement just after 98 days of service of summons, though they had appeared and filed an application, praying for time to file written statement - Since statutory period prescribed U.O.8.R.1 CPC is directory in nature, interest of..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plaintiff did not mention anything in his application about new facts being mentioned in the written statement filed by defendants - Even, last opportunity was granted to plaintiff to produce evidence but instead of producing his witnesses in evidence, plaintiff filed present application which shows the lethargic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42 -- Contraband - Search and seizure - By a Officer on the authority of S.H.O. - Seizure Officer must have produced written and valid documentation that shows he acted having authority of SHO at the time of conducting search and seizure, which he failed - Search and seizure is prima facie unauthorised and..........
