Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law under PWDV Act is maintainable to evict her under PWDV Act, as it is a procedure established by law referred u/s 17(2) of PWDV Act to evict or exclude the aggrieved person, even if she obtains a residence..........
Registration Act, 1908, Section 17 -- Unregistered agreement to sell - Suit for specific performance - Recitals of agreement shows that possession of property not delivered to plaintiff and same will be delivered at the time of registration of property - Even otherwise, unregistered document may be received as evidence in a suit for specific performance and admissibility..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Main purpose of O.18.R.17 CPC is to enable Court to clarify any doubt which it may have with regard to evidence led by parties - However, provision of O.18.R.17 CPC cannot be used to fill omissions in the evidence of a witness who already stands examined in detail...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for further cross-examination - Once plaintiff was examined and cross-examined at length, there was no question of witnesses being recalled merely on the ground that certain material questions were not put to said witnesses - Application rightly dismissed...........
Prevention of Corruption Act, 1988, Section 17 -- Offence under PC Act - Person authorised to investigate - Jurisdiction of CBI - CBI is authorised to register FIR alleging offences under PC Act and investigate such offences...........
Prevention of Corruption Act, 1988, Section 17 -- Person authorised to investigate - Non-PC Act offences - Officer empowered to investigate u/s 17 PC Act gets jurisdiction to investigate non-PC Act offences when those offences are connected with PC Act offences...........
Prevention of Corruption Act, 1988, Section 17 -- Person authorised to investigate - Investigation of non-PC Act offences - Jurisdiction of investigation officer to investigate non-PC Act offences depends upon existence of FIR alleging offence under PC Act...........
Prevention of Corruption Act, 1988, Section 17 -- Person authorised to investigate - Non-PC Act offences - Where investigation agency finds that offence under PC Act is not revealed, investigation shall end in report u/s 173(2) Cr.P.C revealing non-PC Act offences, and such report shall be submitted before a competent jurisdictional Magistrate to proceed further...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of amendment, merits or correctness of the plea sought to be added is not required to be gone into and amendment application is to be considered and decided as per O.6.R.17 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in filing petition for amendment could not be a ground to deny amendment...........
