Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Petitioners remained unsuccessful in an application U.O.1.R.10 CPC - Once order rejecting application U.O.1.R.10 CPC is accepted by petitioners they cannot resist execution in question in any manner...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - Mental illness of deceased is admitted much earlier in time before date of death - Husband of deceased is habitual drunkard since marriage and in habit of causing harassment in drunken state and both have passed more than 15 years of marriage as such giving birth to four children, general..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought was not imperative for determining real question in controversy between parties - Amendment also barred in view of O.6.R.17 Proviso CPC - Amendment application rightly rejected...........
Civil Procedure Code, 1908, Section 47(1) -- Revision - Maintainability - Parties are in litigation since long time and has not ended - Respondent is in possession of suit property - Necessary ingredients which constitute adverse possession, are completely missing in the plaint - Thus, plea in revision petition is a pure question of law and can be raised at any stage of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Any question on an issue - already decided finally cannot be raised in a subsequent lis between the same parties...........
Civil Procedure Code, 1908, Order 22, Rule 1 -- Abatment of suit - Once the plaint - itself is rejected, the question of any legal heirs of any of the defendants for the purpose of defending the suit or pursuing the petition, would cease to arise in the first place...........
Evidence Act, 1872, Section 138 -- Cross-examination - Right to cross examine witness cannot be closed by merely on the ground of asking irrelevant question - Irrelevant question has to be discarded instead of closing right of cross examination - Impugned order set aside - Petitioner permitted to cross examine witness - As regards relevancy of question Magistrate to pass a..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Agreement regarding supply of coal - Claim as to fixed costs - Except CA's certificate, no further evidence led with respect to actual loss - However, in the relevant year quantity of coal lifted by respondent was much above the fixed quantity - Award passed by arbitrator with respect to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed by plaintiffs for challenging sale deed executed by defendants in favour of defendant no.6 - Property in question inherited by parties equally - Defendants sold half share out of suit property - Plaintiffs have no prima facie case or balance of convenience in their favour for grant of..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Offence u/s 13(1)(d) of P.C Act and Ss.420, 120-B IPC - Possession of land in question was taken by government - Petitioner in the capacity of Tehsildar declaring private persons as Gair Marushi and Marushi -..........
