Transfer of Property Act, 1882, Section 5, 6(h), 7, Contract Act, 1872, Section 23 -- Transfer of property by a person without title or transfer opposed to nature of interest or for an unlawful object or consideration or transferee legally disqualified to be transferee - Title in property does not pass to the transferee...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of operation of Judgement - Restoration of possession - Warrant of possession with stipulation regarding withdrawal, if stay granted in appeal - Possession delivered - Operation of Judgment stayed subsequently - Benefit taken under the judgment has to be restored - Decree holder directed to restore possession...........
Civil Procedure Code, 1908, Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 5, 10 -- Defendant sought adjournments from time to time to file written statement - Defendant thereafter failed to appear - Proceeded ex parte - On the adjourned date Court can proceed to decide suit ex parte after recording the plaintiff's evidence - Such judgment and decree is a..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 5, 10 -- Decree passed under order 8 rule 5 or rule 10 - Application under order 9 rule 13 is not maintainable - The only remedy available is to file an appeal against the decree...........
Civil Procedure Code, 1908, Order 8, Rule 5, Civil Procedure Code, 1908, Order 9, Rule 6 -- Plaintiff directed to prove his case in the absence of defendant, his counsel and his written statement - Does not mean, in every such case decree passed is one under Order 9 Rule 6 and not under Order 8 Rule 5 - Such decree when passed is whether one under Order 8 Rule 5 or Order 9..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Delay - Condonation - Negligence of counsel - Advocate did not bother to attend the case or even to find out what happened to the case and why it was not coming on board - Delay condoned...........
Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 197, Jammu and Kashmir Prevention of Corruption Act, 1988, Section 5(2), 6 -- Speedy trial - Accused prosecuted in a corruption case - Accused faced trial for 26 years - No lapse on part of accused - Not a single witness examined by prosecution - Criminal proceedings qua accused, quashed -..........
Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 197, Jammu and Kashmir Prevention of Corruption Act, 1988, Section 5(2), 6 -- Speedy trial - Sanction for prosecution -Accused prosecuted in a corruption case - Public servant prosecuted in a corruption case - Accused committed misconduct while discharging official functions - Cognizance..........
Civil Procedure Code, 1908, Order 5, Rule 1, 20 -- Summons - Refusal to accept - Service by Munadi ordered - Notwithstanding the issuance of a fresh notice by substituted service, the effect of earlier service when summons were refused is not nullified - Held, defendant was duly served on the day he refused to accept summons...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3, 4, 5, 7, Punjab Village Common Lands (Regulation) Act, 1961 -- Tenant vis-a-vis unauthorised occupant - Lease of Shamlat land - Eviction of unauthorised occupant of public premises - Gram Panchayat filed ejectment petition - Occupant of land claiming tenancy at will under Gram Panchayat -..........
