Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 34, 38 -- Limitation - Suit for declaration and perpetual injunction - Sale deed executed by defendant no.1 in favour of defendant no.2 during pendency of earlier suit of declaration filed by plaintiff - Question of limitation does not arise since sale deed was executed during pendency of suit property -..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction - Notice - Before expiry of lease period - Refusal to grant renewal - Corporation served notice that period of licence would not be extended and as such directed petitioner to make alternative arrangement - Question of applicability of Act would only come if there is specific prayer to..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Recitals of document shows that if amount not repaid within stipulated time of 5 years, transferee will have absolute right and mortgage will be treated as an absolute sale and transferee to pay land revenue and other charges - Having not paid said..........
Cantonments Act, 1924, Section 185 -- Unauthorized constructions - Notice for demolition - Quashing of notice - Notices in question were issued mechanically and in a causal manner - Survey/inspection report not furnished to respondents at any point of time - Valid and cogent reasons recorded by High Court for quashing notices issued u/s 185 of the Act and orders passed by..........
Foreign Exchange Management Act, 1999, Section 16, 35, 42, 46 - - Refund of pre-deposit of penalty - Rejection of claim - Company/appellant produced material before the Court showing that steps were taken by it to realize and repatriate dues in question - However, High Court without considering said material arrived at finding that case is made out against..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Memorandum of deposit of title deeds - Validity of such document can be decided at the time of disposal of main suit - Question as to whether memorandum requires registration or not needs to be decided before document is admitted in evidence - Defendant permitted to agitate this aspect before trial Court..........
Indian Penal Code, 1860, Section 392, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 393, 34 IPC - Offence in question is serious and heinous in nature - FIR cannot be quashed by High Court merely on the basis of compromise in exercise of its inherent powers u/s 482 Cr.P.C - Moreover, petitioners whether or not are guilty of..........
Arbitration and Conciliation Act, 1996, Section 12(5) -- Appointment of arbitrator - Challenge as to - Where a person becomes ineligible to be appointed as an arbitrator, there is no question of challenge to such arbitrator, before such arbitrator - His mandate automatically terminates and he shall then be substituted by another arbitrator u/s 14(1) of the Act itself - If..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court framed as many as six substantial questions of law, but did not answer any of them on merits and instead went on discussion on all other issues, which were not subject matter of six questions framed and allowed the second appeal as if it was deciding first appeal - High..........
Indian Penal Code, 1860, Section 324, 326, 34 -- Voluntarily causing grievous hurt - Common intention - Specific over act attributed against A1 and A2 - It is spontaneous reaction that A1 and A2 independently in course of argument attacked injured `M' and others - Except contradictory version of PW1 and PW3, there is no material to show that A3 shared intention to cause..........
