Civil Procedure Code, 1908, Order 22, Rule 5, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(1) -- Eviction - Appellants filed application for substitution of their names in place of deceased tenant - Fact as to whether that the appellants/sons of deceased-tenant were ordinarily carrying business with him in shop in dispute - Matter to be remitted..........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 468, 420, 477A, 34 -- Common intention - Five accused working in a Govt. Department entered into conspiracy to cheat the Govt. - All the accused persons convicted - Held, if one co-accused is acquitted, that does not by itself absolve other co-accused of their conjoint liability of..........
Partnership Act, 1932, Section 14, 40, Transfer of Property Act, 1882, Section 5, 54 -- Property of partner of a firm used in business of firm - Partnership firm dissolved - Property of partner does not become property of firm merely on permitting it to be used in business of firm - In absence of valid deed of transfer of property to firm, it continues to be the property..........
Land Acquisition Act, 1894, Section 18, Limitation Act, 1963, Section 5 -- Condonation of delay - Land of member of co-owner acquired - Court fixed compensation u/s 18 of Land Acquisition Act - Some of the owners filed appeal - Petitioners did not file appeal as he was advised that benefit of judgment rendered in appeals filed by other owners would be available to him -..........
Interest on Delayed payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, Section 1, 3, 4, 5, 10 -- Act came into effect from 23.9.1992 - Act does not apply to transactions which took place prior to the aforesaid date...........
Interest on Delayed payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, Section 1, 3, 4, 5, 10, Civil Procedure Code, 1908, Section 34 -- Suit pending when Interest on Delayed Payments Act came into force - Interest is to be allowed as per provision of S.34 CPC and not as per provisions of Interest on Delayed Payments Act...........
Limitation Act, 1963, Section 3, 5, Article 123 -- Application filed beyond period of limitation without being accompanied by an application for condonation of delay - Held, in absence of an application for condonation of delay, Court has no jurisdiction to entertain the application for setting aside the decree...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - An application for condonation of delay has to be decided first before considering the objections...........
Limitation Act, 1963, Section 5, 14(2) -- Condonation of delay - Both the provisions of Ss.5 & 14 of the Act are meant for grant of relief where a person has committed some mistake - Both the provisions alike should be applied in a broad-based manner - When S.14(2) per se is not applicable then principles akin thereto can be applied - Otherwise, the provision of S.5 will..........
Limitation Act, 1963, Section 5, 14(2) -- Condonation of delay - Beneficial provisions of Ss.5 and 14 of the Act not to be applied in a pedantic manner...........
