Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Appointment of pleader commissioner - To certify the age and size of house - Suit for recovery of possession and eviction filed on the basis of sale deed - Both the parties thus, are knowing the area of suit property - Inspite of that application for appointment of commissioner was filed - Application rightly..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact on record that plaintiff had encroached upon some portion of Government land - Demarcation report is on record which shows that plaintiff had encroached upon government land - No evidence to disprove the said demarcation report was led by plaintiff nor any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition - Ownership of title of property is not a subject matter before Rent Tribunal and admittedly petitioner is a tenant - Petitioner is not concerned with distribution of shares between brothers who are landlords, therefore, petitioner cannot get any undue advantage for the same - Since,..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Closure of further cross-examination of accused - Earlier on three occasions, cross-examination of petitioner was done and simply because he failed to appear on next date, his further cross-examination has been closed - Closing further cross-examination would mean that..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - In a suit filed u/s 92 CPC, plaintiff could not be said the dominus litis - It would be Court which would examine as to whether parties were to be added or not...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 10 -- Impleadment of a party - Suit filed u/s 92 CPC - Trial Court allowed the application simply on the basis of no objection having been given by plaintiffs and did not apply its own mind - Whether applicants were necessary or proper parties was not seen - It was not considered that they were strangers to lis as also..........
Partnership Act, 1932, Section 69(1) -- Un-registered partnership firm - Recovery suit filed by one partner of unregistered partnership Firm against other partner is not maintainable, as rigours of S.69(1) of the Act would apply on such suit...........
Hindu Marriage Act, 1955, Section 13, 19 -- Divorce petition - Territorial jurisdiction - Marriage between parties was solemnized at Pratapgarh - Mere fact that a reception party of marriage was later hosted at Prayagraj would not be material - Moreover, parties have not lived together lastly as a married couple at Prayagraj - Family Court, Prayagraj rightly refused to..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Involvement of accused in offence of serious nature is no ground to deny bail to a juvenile...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Social Investigation Report does not show that appellant was involved in any criminal activities prior to the case in question - In fact, he was working as a labourer on account of poor condition of his family - There is also no possibility, as per Social Investigation Report, of..........
