Registration Act, 1908, Section 17 -- Registration - Consent decree passed by Court declaring a party owner of land, does not require registration...........
Will -- Validity - Claim of title on the basis of unregistered Will - Defendant claiming right on the basis of sale deed - Defendant being third party, claiming right under the sale deed, cannot insist even for the proof of Will as per S.68 of Evidence Act, much less raising suspicious circumstances in the Will - Defendant cannot question validity of Will...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Transferee pendente lite despite order of injunction - Transfer of suit property pendente lite is not void ab initio and purchaser takes the bargain subject to the rights of plaintiff in the pending suit - Transferee pendente lite can be added as a party to the suit lest transferee suffered prejudice on..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18, Rule 4 -- De-exhibiting of documents tendered alongwith affidavit of examination-in-chief - A party can raise objection qua admissibility and mode of proof of documents tendered along with affidavit of examination-in-chief at the time of cross examination of the witness..........
Evidence Act, 1872, Section 65 -- Secondary evidence - To seek secondary evidence it must be taken a ground that document is missing or lost or in the custody of adversary or any other ground so that other party conducts cross examination in effective manner so as to establish that no such circumstance exists for production of secondary evidence - Moreover, proof of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Transferee pendente lite - Purchasers claim that they have become co-sharer in the suit land - Presence of subsequent purchasers is necessary for complete and effective adjudication of dispute - Application rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 58, 102 -- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a purchaser of suit property..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Recovery suit - Person sought to be impleaded as a party had already sold the land and purchasers already a party to the suit - Held, seller not a necessary party and his presence not at all required to enable Court to effectually and completely adjudicate upon and settle all questions involved in the..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 136 -- Quashing of order taking cognizance - Appeal before Supreme Court - Appeal by private parties - Maintainability - Locus standi - Appellants have precise connection with the matter at hand and thus have locus to maintain this appeal - Moreover, it may not be possible to strictly..........
Judicial propriety -- A - party cannot be denied right of adjudication of the matter on merits merely because of some inadvertent mistake...........
