Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Sale deed in favour of subsequent purchaser executed during pendency of suit - Same is hit by provisions of lis pendens - Suit filed is for relief of specific performance, if decree is passed against defendant that decree is binding on subsequent purchaser..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained `Kandhala' - Murder case - Weapon of offence got recovered from disclosure statement of accused - Prosecution examine both official witnesses who have stated consistently as regards factum of accused having made disclosure statement and having led police..........
Succession Act, 1925, Section 263 -- Will - Revocation of probate - Just cause - Bald allegations made by plaintiff that grant of probate was obtained by fraud - Particulars of fraud neither pleaded nor proved by party alleging fraud before District Court - Mere bald pleading will not help plaintiff in the absence of proof - Moreover, Will remained unquestioned till filing..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Previous award in respect of village `J' was relied upon by High Court in reducing compensation - No application was moved U.O.41.R.27 CPC for taking on record the said previous award - It is thus, necessary to move an application for additional evidence and opportunity of rebuttal has to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Permissibility - Proposed amendment may affect the party and will also take away effect of judgments and decree - There is also possibility of rehearing of suit inviting additional written statement as well as evidence from both sides - More so, there is no satisfaction of ingredient..........
Evidence Act, 1872, Section 65 -- Secondary evidence - To file an application for leading secondary evidence is simply wrong - No such application is at all maintainable or even desirable - Leave to lead secondary evidence is completely unnecessary and a party may always place before the Trial Court secondary evidence as contemplated by the Evidence Act without such leave...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-requisites - Court may at any stage of the proceedings allow either party to alter or amend his pleadings provided petitioner satisfies twin requirements viz. (a) that proposed amendment is necessary for determining real question in controversy between parties (b) if trial has commenced party must..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Application U.O.1.R.10 CPC, does not decide rights of parties, rather, provides opportunity of hearing - S.52 of Transfer of Property Act, cannot be taken as obstruction for impleadment even if party may plead bonafide purchase of land - Petitioners allowed to be impleaded...........
Criminal Procedure Code, 1973, Section 482, 156 -- Direction for registration of FIR and further investigation to be handed over to CBI - Fake police encounter - Deceased was involved in criminal activities and was killed in shoot out with the police - Encounter appears to have actually taken place, where both the sides had fired at each other - Deceased being one of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 500 gms ganja - Search and seizure - Non-compliance of S.50 of the Act - Accused not apprised by arresting police party that he has a right under law to opt for being searched before Gazetted Officer/Magistrate, which is mandatory provision and would have adverse effect on accused being held..........
