Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Petitioner is daughter of author of the Will, therefore, she knew from the very beginning as to whether said land was ancestral or not - Evidence for declaring the Will as forged and fabricated would be entirely different from alleging that said land cannot be made a subject matter..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction petition - Bonafide requirement - Landlord specifically stated that there is no other vacant shop for setting up business for his son - Therefore, it cannot be said that landlord did not mention or state in his pleadings about having any other property - Tenant was not be able to show either by way..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration - Sale deed - Plea of plaintiff that he be declared as owner in possession of suit property - Owner of suit property who executed sale deed in favour of defendant is not a party to present litigation - Previous owner has not challenged legality and..........
Agreement to sell -- Does not convey any title in immovable property - On basis of agreement of sale, proposed vendee can take recourse to appropriate proceedings seeking specific performance against vendor...........
Will -- Will or settlement - Document in question executed for clearance of an existing debt - Possession of property was given to respondent No.1 on the same day to sell the property and repay debt - Document in question therefore is a settlement deed and cannot be treated as Will...........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application U.O.38.R.5 CPC - Court passed the order restraining defendant from alienating the attachment schedule property until further order - Order amounts to passing two sets of orders i.e. one U.O.38 another U.O.39 of the Code - Court not to pass simultaneously two sets of..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Deceased had been smothered to death and thereafter hung in premises which had been let out to accused - However, prosecution failed to discharge its onus that accused were present on fateful day at the place of occurrence where deceased suffered homicidal death - No evidence is..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Wakf property - Merely because property is a Wakf property, would not oust jurisdiction of Civil Court - Only matters which would fall within prescription of S.6(1) r/w S.6(5) of Wakf Act would not be entertained by Civil Court...........
Specific Relief Act, 1963, Section 38 -- Injunction suit - Wakf Property - Civil Court has jurisdiction to deal with wakf property - Injunction suit with regard to wakf property held, maintainable...........
Karnataka Sales Tax Act, 1957, Section 2(t) -- Sale - Definition - Every transfer of property in goods by one person to another in course of trade or business, included transfer of right to use any goods for any purpose...........
