Criminal Procedure Code, 1973, Section 439 -- Bail - Granted by imposing condition of demolishing the wall at the expense of appellants and handing over possession of disputed property to complainant - Condition imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial - Condition set aside...........
Civil Procedure Code, 1908, Order 21, Rule 58, 69, 97 -- Attachment of property - Rejection of claim or objection to attachment - Appeal thereagainst is not maintainable having regard to express provision contained in O.21.R.58(5) CPC - Remedy lies to file a suit seeking declaration of their rights in respect of property in question...........
Service -- Pensionary benefits - Interest on belated payment of pension - Appellants were paid arrears of revised pension, but, they were not granted any interest for payment of arrears of pension due to them - However, appellants waited till the rights of retired employees/Lecturers of Government Colleges, were crystalised and thereafter, made representation to the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction order - Objections by co-owner u/s 47 CPC - Co-owner was neither D.H. nor J.D. - If in execution, possession is delivered to D.H. then ownership rights of co-owners are not extinguished - If after delivery of possession to D.H. any right, title or interest of co-owner is prejudiced or adversely affected, there..........
Family Courts Act, 1984, Section 19, Guardians and Wards Act, 1890, Section 12 -- Appeal - Order granting/refusing visitation/interim custody u/s 12 of G&W Act have an effect of final determination of their rights as also welfare of child, cannot be treated as merely being interlocutory order - Said order is appealable u/s 19 of Family Courts Act...........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff is claiming only easementary rights over the second item of suit property, which is a common pathway - He has not purchased the common pathway - It is the defendant who is claiming right over second item of suit property, but he has not filed any documents to prove the same - Claim of defendant is..........
Service -- Government Order - Effect of - If a Government Order is treated to be in the nature of a clarification of an earlier Government Order, it may be made applicable retrospectively - Conversely, if a subsequent Government Order is held to be a modification/amendment of earlier Government Order, its application would be prospective as retrospective application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Notice issued u/s 50 of the Act to accused did not mention any of option or about his rights - It only mentions about necessity - Mandatory requirements of S.50 of the Act not complied - It prima facie renders search and seizure questionable...........
Agreement to sell -- Specific performance - Bona fide purchasers - Agreement in question was not executed by all the co-owners - Agreement to sell was incomplete and unenforceable against Defendant Nos.6 to 8, who held a majority share in the property - Enforcing such an agreement would be inequitable - All the co-owners of property transferred the suit property in favour..........
Interpretation of statue -- New statute which touches upon the existing rights cannot be retrospective, without an express provision or necessary implication expressing the clear intent of Legislature...........
