Medical Council of India Act, 1956, Section 10A -- Establishment of new Medical College - Rejection of application - Ground of rejection that essentiality Certificate and consent of affiliation were not annexed with application - Whether the Court can issue directions to Central Government regarding grant of permission to the Petitioner - In the facts and circumstances, no..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Mere act of wife leveling grave allegations of illicit relationship, in written statement, may amount to cruelty, but it is necessary that an issue be framed and evidence be led before arriving at conclusion that these allegations stand proved and amount to cruelty resulting in grant of divorce...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Respondents No.1 & 2 were minors at the time of filing of suit - Natural guardian of respondents was not acting in consonance with the interest of minors - No steps were taken by Court to issue notice to get the minors to be represented through next friend or by appointing Court guardian -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Respondents Nos. 1 & 2 were minor at the time of filing of suit and they sought setting aside of ex parte decree on attaining age of majority - Issue of limitation irrespective of the onus, had to be settled in favour of respondents - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - An advocate commissioner can be appointed for local investigation as mere oral evidence would not aid either party to decide the issue of encroachment - Object of local investigation is to collect evidence at the instance of the party who relies on the same and which evidence cannot be..........
Agreement to sell -- Specific performance - Defendant once failed to plead and prove the nature of right held by others in suit property, it was not open for trial Court to assume right of son of defendant in the property, especially when no issue was framed and evidence was not reliable...........
Civil Procedure Code, 1908, Section 107(2), Order 41, Rule 24 -- Powers of appellant Court - Appellate Court has jurisdiction to adjudicate the dispute and finally determine the issue raised in the suit and pronounce judgment, even if it was not decided by trial Court...........
Civil Procedure Code, 1908, Order 11, Rule 1, 2 -- Interrogatories - Documents sought not relevant for the issue in hand - No attempt made to show how these documents are required in the context of the issue in hand - Held, it is not appropriate to permit to serve the interrogatories...........
Transfer of Property Act, 1882, Section 105, 111 -- Lease - Termination of lease - Eviction suit - Plea of sub-lease - Respondents raised the plea of sub-lease first time before this Court - It is mentioned in the lease deed that on expiry of lease, lessee is liable to hand over land and building - It took nearly three decades for lessor to obtain decree of eviction - When..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Issue of possession cannot be determined in a suit for injunction in absence of a necessary party in the suit...........
