Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties were never to create a relationship of lessor and lessee - Prior agreement between parties superseded by subsequent agreement - Defendants did not even step into witness box to establish that they were lessees not merely licensees of suit premises - There..........
Change of land use -- Sealing of premises on the ground that premises were originally purchased as residential units and now unauthorisedly converted to commercial use - Plea that premises were originally purchased as shops - If the premises were actually sold as a shop then there is no reason that sealing should continue - However, it is important to ascertain which of..........
Civil Procedure Code, 1908, Section 25, 11 -- Second application for transfer of proceedings under Hindu Marriage Act - Change of circumstances - Dismissal of petition for transfer does not operate as res judicata when a fresh petition is filed on change of circumstances - However, petitioner has to satisfy Court that there are change of circumstances and that there are..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - For bringing fact on record regarding change in structure standing on suit property - Suit filed for general partition - Super structure standing on property in strict sense cannot be said to be a matter in issue or a fact in dispute - Considering nature of suit, condition of suit property..........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 -- Charge - Alteration - Court can alter and rectify the charges - The only controlling objective while deciding on alteration is whether new charge would cause prejudice to accused, say if he were to be taken by surprise or if the belated change would affect his..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment of survey no. and boundaries - Amending sought will not change nature of suit and will not introduce a new cause of action - Application for amendment is bona fide - No prejudice is caused to other side by allowing amendment - Application for amendment rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea that due to oversight and mistake some important facts not included in written statement - Amendment declined as (i) amendment sought is not only belated but also not bona fide; (ii) in case amendment is allowed the same would change nature and character of defence taken by defendant;..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining co-sharer from raising any construction on the valuable and specific portion of suit land - Suit for partition pending in between parties - A co-sharer has no right to change nature of property till its partition takes place - However, there cannot be any bar either in law or..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and prohibitory injunction - Relief of mandatory injunction sought by way of amendment of plaint - Though averments in plaint are incomplete to seek a relief of mandatory injunction, it cannot be found that by proposed amendment, plaintiff seeks to introduce a totally new and..........
