Mutation -- On the basis of Will - There is no bar for seeking mutation based on a Will - However, in a case of serious dispute regarding validity/genuineness of Will including competence of testator's capacity to execute it or where there are two rival Wills set up, it would be a dispute beyond the competence of Tahsildar to decide and in such a case appropriate course..........
Mutation -- On the basis of Will - Where there is no serious dispute raised by any natural legal heir, if any of tenure holder, in absence of any legal bar, mutation based on a Will should not be denied as it would defeat the interest of Revenue...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - In any suit, if Court believes that a local investigation is required or proper for the purpose of explaining or clarifying any matter in dispute, it may issue a commission to conduct such investigation - Purpose is fact-finding when Court cannot properly understand the dispute, especially..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local commissioner - When dispute relates to boundaries, structures, encroachments or civil engineering questions, technical and foundational fact is often permissible through expert inspection...........
Adverse Possession -- Possession of father of plaintiff or plaintiff is permissive - It cannot be said that plaintiff was ever in hostile and open possession of property in dispute - Plea of adverse possession rejected...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Statutory expression "matter in issue is directly and substantially in issue" signifies an issue that forms the core of dispute, as distinguished from questions that arise merely incidentally or collaterally - Common property forming the subject matter of litigation does not by itself, attract bar of S.10..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, Court should not adjudicate on merits in dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To decide the title dispute involved in the case, there is no need for appointment of an Advocate Commissioner to measure suit property - In other words, appointment of Advocate Commissioner is not necessary to find answers to questions involved in the case - Application rightly..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 420, 419, 467, 468, 120B -- Discharge - Cheating - Civil suit was filed in 2017, whereas FIR lodged in 2019 on the basis of an application u/s 156(3) Cr.P.C. - Civil suit is still pending to be decided on merit - Order on interim application does not amount to decide the lis pending..........
Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Dacoity - Primary motive of accused persons was to retrieve specific institutional files/information and not to seek any wrongful gain - This, coupled with subsequent return of all property, a fact affirmed by complainant in his voluntary affidavit submitted before High Court as well as before Supreme Court, convinces that..........
