Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Xerox copies - Mere fact that no details are mentioned in affidavit of R1 when original document is lost to adduce secondary evidence, said aspect can be considered by trial Court at the time of disposal of suit, as document is already marked in evidence adduced in suits - Application rightly allowed...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Condition of filing affidavit will necessarily comply with pre-conditions of S.65 of the Act and whatever stated in their application, would say on oath in affidavit that original documents have been destroyed...........
Tamil Nadu Highways Act, 2001, Section 15(2), Tamil Nadu Highways Rules, 2003, Section 5(2) -- Acquisition of land - Objections - Department may or may not file a statement by way of answer to objections - It is not mandatory requirement - Non-filing of statement by way of answer to objections by Highways Department and/or non-furnishing copy of same to original land..........
Tamil Nadu Highways Act, 2001, Section 15(2), Tamil Nadu Highways Rules, 2003, Section 5(2) -- Acquisition of land - Fullest opportunity has been given to original land owner to submit his objections before issuance of notification u/s 15(1) of the Act - High Court thus, was right in observing that there is substantial compliance of S.15 of the Act 2001 r/w Rules 2003 - No..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Application for anticipatory bail in an offence under SC/ST Act - Application can only be filed before Special Court and Exclusive Special Court, as the case may be and not before High Court - High Court thus, neither has..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Computation of period for deposit of sale consideration - First appellate Court decreed the suit against which second appeal was filed which was dismissed - Original decree passed by first appellate Court merged with decree passed by Second appeal and it further got merged with decree of Supreme..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
Amendment of law -- It is the duty of Courts, whether trying original proceedings or hearing an appeal, to take notice of change in law affecting pending actions and to give effect to the same...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff has been found in possession of suit property that too in lawful possession being adopted son of original owner - Said finding of fact recorded by first appellate Court after appreciation of evidence - No interference warranted in said findings - Suit rightly decreed in..........
